Landlord Selling My Rented Flat

Pastalover

My landlord has decided to sell the flat I'm currently renting. 
As a result, I've started looking to look around to see what';s out there/start viewing properties (landlord has said this is OK)
I've requested a handful of viewings already and been told each time that there is a waiting list - up to 60 people per property. My landlord friend has also warned me on demand utterly outstripping supply in my area currently (north Kent) and prices up 20% from when I found my current flat
I knew finding somewhere else would be hard because I'm currently on housing benefit and ESA for a health condition. I've tried applying for a council property but been fobbed of and put on an inactive waiting list, which says I can't challenge it. 
I'm not feeling very hopeful about finding somewhere - my benefit status doesn't make me a desirable tenant on paper to compete at one of the oversubscribed properties for rent (I do have an excellent credit rating and never missed or had a late payment on my rent). 
I literally don't know what to do if I can't find anywhere. I know my landlord can't just kick me out, but even if I stay beyond the tenancy agreement, I still can't stay here longterm. 
Because of my health I need to be closeish to my family and or partner so relocating to another part of the country isn't possible. 
Feeling very stuck and unsure of my options. I don't feel like I have an awful lot of cards in my hand in the renting game...and not sure if there is a safety net below me.

Thanks for any advice, tips or encouragement. 

[Deleted User]

Pastalover said:

My landlord has decided to sell the flat I'm currently renting. 
As a result, I've started looking to look around to see what';s out there/start viewing properties (landlord has said this is OK)
I've requested a handful of viewings already and been told each time that there is a waiting list - up to 60 people per property. My landlord friend has also warned me on demand utterly outstripping supply in my area currently (north Kent) and prices up 20% from when I found my current flat
I knew finding somewhere else would be hard because I'm currently on housing benefit and ESA for a health condition. I've tried applying for a council property but been fobbed of and put on an inactive waiting list, which says I can't challenge it. 
I'm not feeling very hopeful about finding somewhere - my benefit status doesn't make me a desirable tenant on paper to compete at one of the oversubscribed properties for rent (I do have an excellent credit rating and never missed or had a late payment on my rent). 
I literally don't know what to do if I can't find anywhere. I know my landlord can't just kick me out, but even if I stay beyond the tenancy agreement, I still can't stay here longterm. 
Because of my health I need to be closeish to my family and or partner so relocating to another part of the country isn't possible. 
Feeling very stuck and unsure of my options. I don't feel like I have an awful lot of cards in my hand in the renting game...and not sure if there is a safety net below me.

Thanks for any advice, tips or encouragement. 

You have months and months before the tenancy can be legally ended and your landlord does have the option of selling with you in-situation to another landlord. 

Has your landlord served you valid notice yet? If (s)he has then once the possession order is granted by a court, many months from now, you should move further up the council’s list as you face becoming homeless. Some council’s might make you hold out until bailiffs physically remove you from the property even though the council shouldn’t let things get that far. If the council do re-house you it might not be close to your partner or family and initially it is likely to be in emergency accomodation. I think @deannagone lives in Kent in social housing and is also in receipt of ESA or similar. 

Alternatively, is living with a family member or your partner an option since you need to be close to them? Would one of them be willing to act as guarantor for private rental accomodation? 

deannagone

I live in Gravesend and when I applied for help with housing, a social worker told me that Gravesend (Gravesham) didn't take things into account that Dartford would have done. Look at your council's Housing Policy, it should be on their website.  Even within Kent, how different councils deal with housing applications can be quite different.  You also need to look at how long you need to be in the borough before they will take the duty to house you if your application is successful.

You should find your priority will change once they agree that you are homeless or potentially homeless (28 days before bailiffs come round if your LL takes you to court for a possession order and bailiffs warrant).  Until I had the S21 in my hands and showed it to the council they didn't take me seriously. But even when I had the Possession Order and Bailiffs warrant (with two weeks notice of when bailiff would be officially evicting me), I still did not know for sure the council would help me, or what that help would be.  I literally turned up with bags in hand, not knowing what would happen.  I was handed keys and told to sign a document.  No introduction, no "we have a property for you", it was unbelievably difficult.  I had to ask what the keys were for (I was zombie like after wandering around for hours with no home and two kids coming back from school imminently.).  Would you believe the council tried to call my home number (the home I had been evicted from, the date and time they knew) to move the appt?  

In amongst all this, there were a lot of gatekeeping practices.  I was told initially because I had gone into private rented housing for four years after making an initial housing application (that they told me they wouldn't find valid because I had only been in the borough 6 months) I would be found to have deliberately placed myself in an unstable housing situation.  Completely untrue (four years is pretty stable for private rental).., but that was their first reaction.  A housing charity told me it was the council trying to put me off making a housing application (gatekeeping). So check whatever the council tells you, particularly initially.  I don't know how they get away with doing this legally, but you can protect yourself with information.

Nowadays a council can allocate you to another private rental (and it doesn't have to be in the borough you live in) and their duty to house you is fulfilled.  However you can waylay that kind of pressure with evidence.  They will also loan you (with my council) the money for first months rent and deposit but they limited it to LHA levels so it was far below what was needed to rent a place and private rentals were under such pressure from people moving from London (even then), no one would consider a tenant on benefits.

You will need evidence of your conditions, letters of support from GP's and especially consultants - stating your conditions and what housing you need.  I had to do this to avoid being placed in a single room hostel building and far away from support services.  The evidence was then sent to some kind of medical board and they ruled what kind of property I could be offered (only one flight of stairs, local, no single room hostel as it would be dangerous for my children with autism).  My LL had started to talk of selling the property two years before he issued the S21, so knowing it would be difficult to find another private rental and needing to stay in the area, I had all my evidence ready for if/when the S21 was served.  I even had my son's autism diagnosis reassessed as the original one had been made 5 years earlier (and yes the council did initially say the diagnosis needed to be more up to date so I was very pleased to be able to say 'this just came in the post' and hand them the new one - it took me two years to get that done).

Obviously you only go through this process if you have no choice.  There are some things you can do to get what you need but you have to prove you need them.  If you have a carer, consultant, a social worker, case worker, whatever.., approach them to get evidence.  I was awarded enhanced care/mobility PIP later, If I'd have been awarded it before/during this process I might have been allocated a more suitable property for my disabilities but we do have a roof over our heads so I consider myself lucky overall.  I saw others in vulnerable situations having to live in awful situations because the council refused to help.  Social Housing is in such short supply I am afraid councils will do almost anything to avoid them being found to have a duty to house you.  But you can get through this, with evidence.  Even today, some councils are easier to deal with than others.  Some seem to maximise the stress.  However hellish the process was, I do now have a stable family home, with low rent, and a LL who will at least do essential repairs (no iffy private LL in my case who stressed me out all the time).  

Shelter will help advise you and find out if there is a local housing charity to advise you.  Porchlight is often mentioned in Kent although I didn't find them particularly helpful myself.

I hope this helps.

I forgot.., as said, the council will usually not accept they have a duty to house you until you have been through the court process of S21 notice, Possession Order issued through the courts, then a Bailiffs warrant being issued.  I'm afraid, you as the evictee, have to pay the court costs.  It was about £500 for both of them.  Landlord paid for them at the court, then an order was made that I had to pay the LL for these costs.  I arranged for the LL to take them out of my deposit.  You will have a long time before being actually evicted due to court backlog in cases.  I'm not sure if this is good or bad - I suppose its good if you have a chance of finding a private rental as it gives you more time, bad if you have no chance of finding a private rental as it prolongs the agony.  

If you do have to go through this, just keep telling yourself if you can provide the evidence of being in housing need, the council will have to assume a duty to house you.  Apologies for the book, I can over explain things.

GDB2222

To give an idea of timescales:

Suppose that your landlord issues a *valid* S21 notice today (lots are invalid)

That notice has to give 4 months notice

Only after that has expired can the landlord apply to the court.

There are major backlogs in the courts at the moment, so it is likely that the hearing date will be around one year after the application.

Assuming that the landlord has all the paperwork right (which is quite a big assumption), the court will make an order for you to leave. The court will give about a month's notice.

When you are still there after the court order date has expired, the landlord has to instruct bailiffs. There's a thread on here about a landlord who instructed bailiffs last November, and they have yet to get round to it. He can't use any bailiffs, just the  bailiffs attached to the court. He may be able to apply to the High Court to shorten that timescale.

The point is that, if you cannot find anywhere to move to, you'll still be in the flat in 18 months time, possibly two years. 

You should be completely frank with your landlord. Explain that you cannot find anywhere to move to. It is possible that your landlord will offer to help financially with the move  - possibly a substantial sum. It will cost him thousands in legal fees to evict you, so he may as well pay you that money if it means you can move on quickly.

theartfullodger

A Landlord selling a property does not end tenancy nor compel tenant to leave.  A sensible landlord would offer some incentive eg good reference, ££££££.  I'd want at least £5k but I'm a greedy landlord.  

Until offered some inducement many would decline any viewings and change locks (keep old ones to put back when you leave).

Best wishes

csgohan4

some councils may not re house unless you are evicted and have the paperwork showing this. Which is a shame and waste of resources for both council and LL. Preventative is always better 

m0bov

No need to move unless you've had s21