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My landlord is selling our house

13

Comments

  • RAS
    RAS Posts: 35,741 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Lolaboo
    You need some proper advice, not just people in a forum. Particularly as Welsh law is rather different.

    Do speak to Shelter or a similar organisation because if alternative housing is problematic, then you may need to go and see the Council. But many councils gate-keep which means that if you leave before being evicted, you cannot go to the Council as they consider you to have made yourself homeless.

    So you will have to sit tight throughout the legal process.

    If you've have not made a mistake, you've made nothing
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    He can't insist that you pay a deposit, since you are already in occupation. Tell him that you expect him to fully regularise the tenancy and comply with all the statutory requirements of an LL. Unlike his father.
    Starting with a current GSC. 
    No free lunch, and no free laptop ;)
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    RAS said:
    Lolaboo
    You need some proper advice, not just people in a forum. Particularly as Welsh law is rather different.

    Do speak to Shelter or a similar organisation because if alternative housing is problematic, then you may need to go and see the Council. But many councils gate-keep which means that if you leave before being evicted, you cannot go to the Council as they consider you to have made yourself homeless.

    So you will have to sit tight throughout the legal process.

    But the OP is not being evicted. And, even if they were, they would not need to seek alternative housing for at least 18m from date of service. 
    No free lunch, and no free laptop ;)
  • [Deleted User]
    [Deleted User] Posts: 3,297 Forumite
    1,000 Posts Fourth Anniversary Photogenic Name Dropper
    edited 5 April 2021 at 3:47PM
    He says he has bought the property from his dad and is now the new owner but his dad is still the registered landlord I checked with the council 
    Where is this property? Wales or some council area in England where landlord registration has been introduced? I ask as laws in England Wales started to diverge around 2007 as some legislation was devolved to the Senedd following the Government of Wales Act 2006. Some things that might make a Section 21 invalid in England ie lack of gas safety certificate do not make a Section 21 invalid in Wales and vice versa. 
  • Lolaboo1969
    Lolaboo1969 Posts: 10 Forumite
    First Post
    Hi lover_of_lycra we are in England and we are in a landlord registration area 
  • steampowered
    steampowered Posts: 6,176 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 5 April 2021 at 7:53PM
    As you have been renting for 20 years, is there any chance you could buy somewhere? Could you scrape a deposit together?

    As these are amateur landlords you could no doubt find a legally valid reason to withhold the rent - whether that be no EPC certificate, no gas safety check, failure to register as a landlord or anything else.

    Even when they sort all that it would still be several months notice they have to give you, then months and months more to evict.  

    Though whether you want to get into a dispute with your landlord is up to you.
  • If he wants you out through the courts, though, it will probably take him a year!   
    Only if the LL and the eviction specialist is totally incompetent. I've seen evictions almost within 3 months that is of course they had the proper agreements initially and then a rolling agreement.  I've also seen a determined LL chase via courts the t's for the missed rent, relevant costs and repairs and this LL even took out bankruptcy proceedings against one.

    Re lack of gas safety cert -  if you are a LL, use a letting agent so  middle party has unbiased evidence that you tried but could not get access/etc and if you are a T, as soon as LL fails gas cert report them to the council for help/advice they will sort them out.

    Looking at this scenario to me I am pretty confident the new LL will serv a  no fault eviction notice ie 21.  My sibling bought a property with a sitting T who had been there for a few years paid rent on time/etc and was nice as pie. As soon as my sibling go the property and tried to get them to sign a new contract, the T refused and then started claiming there was not enough heating etc - sbiling has it checked out at cost and it was well above the rquired levels - then claimed damp but it was condensation by drying clothes in a small room not turning on heating or open a windpw - get the T evicted on a section 21 I think you call ie the one mentioned above and T was not happy and was taken to court and within three months from the point of sec 21 the T was out - a lick of paint, good clean, new flooring all round, new hob, sink cost about 2k my sibling was able to rent it out for about 4k more per year and has grea T's that sign a new yearly contract every year. My sibling uses a fully managed letting route as do everyone I know.

    So if you are a T or a LL, try and go via a letting agent and usually you get better results for BOTH SIDES
  • If he wants you out through the courts, though, it will probably take him a year!   
    Only if the LL and the eviction specialist is totally incompetent. I've seen evictions almost within 3 months that is of course they had the proper agreements initially and then a rolling agreement.  I've also seen a determined LL chase via courts the t's for the missed rent, relevant costs and repairs and this LL even took out bankruptcy proceedings against one.

    Re lack of gas safety cert -  if you are a LL, use a letting agent so  middle party has unbiased evidence that you tried but could not get access/etc and if you are a T, as soon as LL fails gas cert report them to the council for help/advice they will sort them out.

    Looking at this scenario to me I am pretty confident the new LL will serv a  no fault eviction notice ie 21.  My sibling bought a property with a sitting T who had been there for a few years paid rent on time/etc and was nice as pie. As soon as my sibling go the property and tried to get them to sign a new contract, the T refused and then started claiming there was not enough heating etc - sbiling has it checked out at cost and it was well above the rquired levels - then claimed damp but it was condensation by drying clothes in a small room not turning on heating or open a windpw - get the T evicted on a section 21 I think you call ie the one mentioned above and T was not happy and was taken to court and within three months from the point of sec 21 the T was out - a lick of paint, good clean, new flooring all round, new hob, sink cost about 2k my sibling was able to rent it out for about 4k more per year and has grea T's that sign a new yearly contract every year. My sibling uses a fully managed letting route as do everyone I know.

    So if you are a T or a LL, try and go via a letting agent and usually you get better results for BOTH SIDES
      A few points to consider:-

    From the information provided by the OP it is highly likely that any Section 21 would be invalid.
    The notice period required by landlords to give notice of repossession has currently been extended to a period of 6 months as per The Coronovirus Act 2020.
    Courts are currently hearing few,if any cases.Once the Courts fully reopen the backlog of cases is likely to take months and months to clear.......I suspect a year from issuing a valid S21 to eviction is a very conservative estimate!

    Silly me, forgot re Covid, thanks. In my post I was referring to pre Coivd. Thanks
    Yes, Covid, quite a few LL's are in desperate trouble as they are getting no rent, property trashed and the LL still has to carry out the repairs and it may go on for months. This in turn may mean the LL not only losing the rental/s but the roof over their/family's heads. All thanks to this Government.
    You can have a good T but circumstances with the LL's can change it is their property, their money and the T may not be happy but they have to do what they need to do.
    We are planning on buying 2 rentals but looking into HMO in a nice location near a station/tube as we want high returns, working professional and hope this situation where LL's can't kick out those that don't pay rent, sublet, trash a property is soon over.
  • davilown
    davilown Posts: 2,303 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker

    Yes, Covid, quite a few LL's are in desperate trouble as they are getting no rent, property trashed and the LL still has to carry out the repairs and it may go on for months. This in turn may mean the LL not only losing the rental/s but the roof over their/family's heads. All thanks to this Government.
    You can have a good T but circumstances with the LL's can change it is their property, their money and the T may not be happy but they have to do what they need to do.

    The tenant/s may also be in a desperate situation. Letting will always have a risk associated to it, as do all investments.

    Letting however, has a bit more hand-on work to be done for the money and a lot of regulatory loop holes to jump through.

    I’m hoping that the law changes further in the favour of the tenants with with regards to rent increases and tenants rights.
    30th June 2021 completely debt free…. Downsized, reduced working hours and living the dream.
  • caprikid1
    caprikid1 Posts: 2,455 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    "The tenant/s may also be in a desperate situation. Letting will always have a risk associated to it, as do all investments."
    I agree that all business is a risk but normally you work those risks within the regulatory framework you offer, with Landlords though it was thrown out the Window for Covid, Landlords were expected to home the nation for free whilst other business's got loans and assistance. It is very much a business but not in the government's eyes !

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