How long should the legal part take?

watermelonspring

Comms69 said:

watermelonspring said:

Falafels said:

davidmcn said:

watermelonspring said:

Comms69 said:

watermelonspring said:

Falafels said:

watermelonspring said:

moneysavinghero said:

Does not matter what your landlord wants. Once you fixed term ends you will automatically go onto a monthly. Only way landlord  could then get you out is by giving you 6 months notice.

I have heard that but it seems quite confrontational to refuse to sign a fixed tenancy but continue to live there against her wishes. I don’t want to be *that* tenant. 

It will just go to a rolling tenancy. I can totally understand why you don't want to be 'that' tenant, but explain your situation fully, and that you will be out of the property as soon as possible. Is your landlady in a hurry for you to move out?

We haven’t mentioned anything yet in case this all falls through and we’d have nowhere to live. 

Ye, the landlord cant evict you until basically 2022....

I know but I won’t be doing that sort of thing, making her go to go court etc

If you're only talking about a couple of extra months (and you continue paying the rent!) why on earth would she be going to court?

Quite! I can't see any reason at all why this need to be confrontational or unpleasant; I also don't understand why they haven't talked to the landlady about it!

Do you mean that I should mention that I’m buying a property? I don’t have a mortgage so I actually have nothing. I think it’s a bit mean (and confrontational I guess) if a landlord refuses a monthly rolling tenancy but the tenant just says whatever, I’m going to stay here anyway and you’ll have to evict me.  

Do you have the same issues with any other commercial entity? Just curious why this landlord shouldnt be subject to the same statutory responsibilities as any other business?

I completely understand. I’d just rather not cause a hassle. But thank you for your advice. 

Falafels

watermelonspring said:

Falafels said:

davidmcn said:

watermelonspring said:

Comms69 said:

watermelonspring said:

Falafels said:

watermelonspring said:

moneysavinghero said:

Does not matter what your landlord wants. Once you fixed term ends you will automatically go onto a monthly. Only way landlord  could then get you out is by giving you 6 months notice.

I have heard that but it seems quite confrontational to refuse to sign a fixed tenancy but continue to live there against her wishes. I don’t want to be *that* tenant. 

It will just go to a rolling tenancy. I can totally understand why you don't want to be 'that' tenant, but explain your situation fully, and that you will be out of the property as soon as possible. Is your landlady in a hurry for you to move out?

We haven’t mentioned anything yet in case this all falls through and we’d have nowhere to live. 

Ye, the landlord cant evict you until basically 2022....

I know but I won’t be doing that sort of thing, making her go to go court etc

If you're only talking about a couple of extra months (and you continue paying the rent!) why on earth would she be going to court?

Quite! I can't see any reason at all why this need to be confrontational or unpleasant; I also don't understand why they haven't talked to the landlady about it!

I think it’s a bit mean (and confrontational I guess) if a landlord refuses a monthly rolling tenancy but the tenant just says whatever, I’m going to stay here anyway and you’ll have to evict me.  

That is not at all what I was suggesting. Why would you have a problem with contacting the landlady, saying that you're aware that the tenancy is scheduled to end in XXX, but you're buying a property and are worried that the time to complete the transaction may overrun this date. Would it be OK to continue to stay at the property as tenants until such time as you are able to complete on your purchase, if necessary?

As I've said in other posts, unless she has a pressing reason to get you out at the official end of the tenancy, it shouldn't be a problem for her. At the moment you are assuming that she will refuse a monthly rolling tenancy without even asking her, even though it would solve your problem!

MgComp

Where we are living the sales aren't taking that long - anywhere from 6-12 weeks from what we've heard. Our current purchase is planned to go through in about 8 weeks (we are also no chain), so don't despair yet!

babyblade41

just add insult to injury, my last property was one of the longest.  My buyer and I, they were in air bnb, I was buying an empty property , no probate or anything nasty , no mortgages on either side , no covid and I think it was 13 weeks 

steampowered

watermelonspring said:

I know but I won’t be doing that sort of thing, making her go to go court etc

No need for that - you just have to make it clear that you cannot agree a fixed term tenancy because you are buying a property, so it will have to monthly. Or you could agree something like a 3 or 6 month further fixed term.

If the landlord wishes to serve a s21 notice asking you to leave the property, they can do that. That would still give you several more months. Unlikely they would do that in the current environment if you are a paying tenant !

It's perfectly legitimate to remain in the property until the landlord has asked you to leave by following the proper legal process. You can be nice about it and clearly communicate to the landlord your intent. 

Only after the notice period has expired if you still haven't left, could the landlord go to court to start eviction proceedings.

Falafels

OP - whereabouts are you based?

[Deleted User]

Mine took from 17th July to 18th Sep - no chain 
No issues due to Covid ! 

I answered any queries literally immediately ( I dont work ) 
I paid for expedited searches 
Can be done if your solicitor and sellers solicitor play ball 

[Deleted User]

watermelonspring said:

Falafels said:

watermelonspring said:

Comms69 said:

3-6 months

Wow really? 3-6 months?! 

So we probably won’t move in until mid next year. I had no idea it would take this long. We’re in quite a hurry to move. I wonder whether we should just pull out and rent somewhere else and then buy when things get back to normal. 

Things won't be 'back to normal' for a very long time. Why are you in such a hurry?

We have a tenancy that is expiring early next year. It’s going to be hard to find a place to rent on a monthly contract (we’ve tried) and my current landlord wants a fixed term tenancy only. 

Landlord can want a lot of things
Landlord wont necessarily get !  
As long as you pay rent, you’ll just continue on a periodical tenancy 
ABSOLUTELY NOTHING the landlord can do but serve you with 6 months notice and you’ll be long gone then anyway 

ThriftyGinger

watermelonspring said:

Silly me I thought it made a difference but you’re totally right! It’s bloody stressful isn’t it?!

It's very stressful! TBH I feel quite helpless because the problem is completely out of my hands and no one at the moment will tell me what's going on; it's been about three weeks since the issue was raised. I'm also wary of bothering people too much! It'll all get resolved eventually, I'm sure, but right now I feel like I'm in limbo. 

The vendors (who are moving into a new build) wanted a November exchange of contracts (well, they wanted to exchange after 28 days but as if that was going to happen), and I think that's out of the window at this point...

NameUnavailable

IF your agreement is 6 months fixed then rolling you just need to (well you don't need to but you might like to) advise your landlord that you are in the process of buying a property and based on current timescales you expect to be in a position to move sometime during Jan/Feb next year and that you will keep them posted. Once you're more certain of the date you can give your formal notice.