Covid - Am I protected from being evicted without an official tenancy?

Crashy_Time

https://www.housepricecrash.co.uk/forum/index.php?/topic/236683-tenant-eviction-ban-extended-in-uk-by-two-months/page/5/

mrkat

wilfred30 said:

You may not have been aware that when he gave you a S21 in March, the notice period should have been 6 months due to Covid, but it's highly likely that the LL did so it looks like the 'good terms' you describe might not be so 'good' from his side.
You don't need to rush/panic as it will take him a long time to actually evict you due to the enormous backlog of cases.
Also, he should've waited until you had left before he put the house on the market.

Things have taken a turn for the worse actually... the landlord asked the new buyer if there was any possibility that we could stay on after the sale and the buyer instead gave an ultimatum that, if we don't move by June 15th, the sale is off. This is despite the fact that we found out yesterday that the mortgage valuation is over £100k under the sale price so the sale seems very unlikely to go through before the stamp duty holiday deadline anyway, which is what he was working towards. I think they could possibly be using us as scapegoats when the mortgage is so uncertain. The landlord has said that lots of money is involved and it's very serious now so we basically have to leave....

And actually now that we re-read the S21 he sent, it says on the actual form that it's invalid if he's given us less than 6 months.

sharp910sh

mrkat said:

wilfred30 said:

You may not have been aware that when he gave you a S21 in March, the notice period should have been 6 months due to Covid, but it's highly likely that the LL did so it looks like the 'good terms' you describe might not be so 'good' from his side.
You don't need to rush/panic as it will take him a long time to actually evict you due to the enormous backlog of cases.
Also, he should've waited until you had left before he put the house on the market.

Things have taken a turn for the worse actually... the landlord asked the new buyer if there was any possibility that we could stay on after the sale and the buyer instead gave an ultimatum that, if we don't move by June 15th, the sale is off. This is despite the fact that we found out yesterday that the mortgage valuation is over £100k under the sale price so the sale seems very unlikely to go through before the stamp duty holiday deadline anyway, which is what he was working towards. I think they could possibly be using us as scapegoats when the mortgage is so uncertain. The landlord has said that lots of money is involved and it's very serious now so we basically have to leave....

And actually now that we re-read the S21 he sent, it says on the actual form that it's invalid if he's given us less than 6 months.

Do not leave until you have an order from the courts and the bailiffs appear at your door. The landlord cannot do anything. If you want to leave say you will leave if he gives you £xxk, so a win win for you and him. He gets his house sounds you have some cash to rent somewhere. 

mrkat

sharp910sh said:

mrkat said:

wilfred30 said:

You may not have been aware that when he gave you a S21 in March, the notice period should have been 6 months due to Covid, but it's highly likely that the LL did so it looks like the 'good terms' you describe might not be so 'good' from his side.
You don't need to rush/panic as it will take him a long time to actually evict you due to the enormous backlog of cases.
Also, he should've waited until you had left before he put the house on the market.

Things have taken a turn for the worse actually... the landlord asked the new buyer if there was any possibility that we could stay on after the sale and the buyer instead gave an ultimatum that, if we don't move by June 15th, the sale is off. This is despite the fact that we found out yesterday that the mortgage valuation is over £100k under the sale price so the sale seems very unlikely to go through before the stamp duty holiday deadline anyway, which is what he was working towards. I think they could possibly be using us as scapegoats when the mortgage is so uncertain. The landlord has said that lots of money is involved and it's very serious now so we basically have to leave....

And actually now that we re-read the S21 he sent, it says on the actual form that it's invalid if he's given us less than 6 months.

Do not leave until you have an order from the courts and the bailiffs appear at your door. The landlord cannot do anything. If you want to leave say you will leave if he gives you £xxk, so a win win for you and him. He gets his house sounds you have some cash to rent somewhere. 

Ok thanks It's not money that is an issue though - there is literally just nowhere that will rent to us in the current climate!

newsgroupmonkey_

It's not necessarily about whether "you get on" and you want to be nice about it, this is your home.

If he wants you out in the next couple of weeks, I'd suggest that he dips his hand in his pocket, offers you a few thousand pounds and thanks you for being helpful. You owe him nothing. You've been paying for his investment - you're his customer not a friend.

You say you don't want to get nasty, but he's doing exactly that - riding roughshod over the law, making you feel bad about him breaking it. He's taking the mickey out of you.

mrkat

newsgroupmonkey_ said:

It's not necessarily about whether "you get on" and you want to be nice about it, this is your home.

If he wants you out in the next couple of weeks, I'd suggest that he dips his hand in his pocket, offers you a few thousand pounds and thanks you for being helpful. You owe him nothing. You've been paying for his investment - you're his customer not a friend.

You say you don't want to get nasty, but he's doing exactly that - riding roughshod over the law, making you feel bad about him breaking it. He's taking the mickey out of you.

Thanks for putting this into perspective. We've always had a tendency to be too nice and don't want to rock the boat but you're right, thank you very much.

Grumpy_chap

mrkat said:

 the buyer instead gave an ultimatum that, if we don't move by June 15th, the sale is off. 
The landlord has said that lots of money is involved and it's very serious now so we basically have to leave....

What is the LL / EA doing to assist you?
Bullying from the LL won't get the result the LL desires.

mrkat said:

Ok thanks It's not money that is an issue though - there is literally just nowhere that will rent to us in the current climate!

Well, it's all about money, isn't it?
The LL has said so.
If "someone" produces a sufficient amount of money, "somewhere" will rent to you.

Otherwise, the S21 is invalid.  No need to tell the LL yet.  The best, from the LL perspective, is to serve a valid S21 today, giving the required 4 months notice.  

Crashy_Time

mrkat said:

wilfred30 said:

You may not have been aware that when he gave you a S21 in March, the notice period should have been 6 months due to Covid, but it's highly likely that the LL did so it looks like the 'good terms' you describe might not be so 'good' from his side.
You don't need to rush/panic as it will take him a long time to actually evict you due to the enormous backlog of cases.
Also, he should've waited until you had left before he put the house on the market.

Things have taken a turn for the worse actually... the landlord asked the new buyer if there was any possibility that we could stay on after the sale and the buyer instead gave an ultimatum that, if we don't move by June 15th, the sale is off. This is despite the fact that we found out yesterday that the mortgage valuation is over £100k under the sale price so the sale seems very unlikely to go through before the stamp duty holiday deadline anyway, which is what he was working towards. I think they could possibly be using us as scapegoats when the mortgage is so uncertain. The landlord has said that lots of money is involved and it's very serious now so we basically have to leave....

And actually now that we re-read the S21 he sent, it says on the actual form that it's invalid if he's given us less than 6 months.

Ouch, and the next valuation might be even lower! Nevertheless two weeks notice isn`t going to fly, just stay put and take advice IMO.

mrkat

Well, it's gone sour rather quickly... he just emailed saying that things are serious now and that he will have to serve an eviction notice if we haven't secured a place by Sunday to force us out by the 15th. At this stage, we are going to tell him that the s21 is invalid and has to serve us a new one which means we will have here until October, hopefully there won't be any nasty surprises along the way. Thanks everyone for all the advice, this forum has helped so much! 

newsgroupmonkey_

mrkat said:

Well, it's gone sour rather quickly... he just emailed saying that things are serious now and that he will have to serve an eviction notice if we haven't secured a place by Sunday to force us out by the 15th. At this stage, we are going to tell him that the s21 is invalid and has to serve us a new one which means we will have here until October, hopefully there won't be any nasty surprises along the way. Thanks everyone for all the advice, this forum has helped so much! 

You don't have a contract so you're currently on a periodic.

In which case, your Landlord needs to give 4 months OR you can give 1 months (read the sticky posts for which date that you need to do it by)

You can leave any time. And as above, after 4 months, your landlord can then apply to take possession of the house. Doesn't mean you need to leave.