Landlord selling house

roaduser3189

Addendum- In her message to us she says she is putting the house on the market on Monday. 

Stubod

roaduser3189 said:

The landlady hasn't given us any formal notice , no Section 21 or anything of the sort, only a text detailing that she's going to get photos done and for viewings to happen the following week. She's not particularly the best landlady- she wasnt aware of what a periodic tenancy was last year and insisted that we would be squatters if we stayed on.

...frighteningly uneducated for a landlord!!

roaduser3189

Stubod said:

roaduser3189 said:

The landlady hasn't given us any formal notice , no Section 21 or anything of the sort, only a text detailing that she's going to get photos done and for viewings to happen the following week. She's not particularly the best landlady- she wasnt aware of what a periodic tenancy was last year and insisted that we would be squatters if we stayed on.

...frighteningly uneducated for a landlord!!

I agree and that's why I'm uncomfortable with what she has said in her message , as I dont think she's following the correct procedure in terms of how she is giving us notice.

Marvel1

roaduser3189 said:

The landlady hasn't given us any formal notice , no Section 21 or anything of the sort, only a text detailing that she's going to get photos done and for viewings to happen the following week. She's not particularly the best landlady- she wasnt aware of what a periodic tenancy was last year and insisted that we would be squatters if we stayed on.

Get the locks changed.

grumiofoundation

roaduser3189 said:

So just to clarify, a section 21 notice is required in order for any of what is happening to be legitimate? Regardless of whether the AST ends in October or not?

We are not planning on being difficult as quite frankly it is more hassle than it is worth, however I dont want to be left essentially homeless in October if we couldn't find anywhere to live by that point. 

Depends what you mean by “any of what is happening”. Section 21 isn’t needed for landlord to sell property. Section 21 is needed (as the first step) in landlord evicting you.

Your AST does not end on October 8th. I presume you mean your fixed term ends then? 

You will not be homeless in October.

I echo previous comments that you should look into changing locks. 

roaduser3189 said:

Stubod said:

roaduser3189 said:

The landlady hasn't given us any formal notice , no Section 21 or anything of the sort, only a text detailing that she's going to get photos done and for viewings to happen the following week. She's not particularly the best landlady- she wasnt aware of what a periodic tenancy was last year and insisted that we would be squatters if we stayed on.

...frighteningly uneducated for a landlord!!

I agree and that's why I'm uncomfortable with what she has said in her message , as I dont think she's following the correct procedure in terms of how she is giving us notice.

Have you actually been told you need to leave? 

elsien

So what if she is putting the house on the market? Legally, that doesn’t make the slightest bit of difference to your situation.

If they’re expecting you to be accepting a string of viewers every day, they’re going to be on for a shock. 

MaryNB

roaduser3189 said:

So just to clarify, a section 21 notice is required in order for any of what is happening to be legitimate? Regardless of whether the AST ends in October or not?

We are not planning on being difficult as quite frankly it is more hassle than it is worth, however I dont want to be left essentially homeless in October if we couldn't find anywhere to live by that point. 

The AST only ends in October if you give notice or decide to leave on the last day. Otherwise it continues as a rolling contract. Nothing changes except for the notice required for you to end the contract. 

Your landlady cannot end the tenancy, only you or a court can. She can issue an S21 informing you that she wants the property back (current notice period in England  is 4 months, from October it's reverts to the standard 2 months). The tenancy does not end when the notice expires and you are still entitled to live at the property. The expirey of the S21 notice only means your landlady can apply to the court for an eviction. This process will take many many months. Only a court can issue an eviction notice, your landlady cannot issue one.

macman

Excellent advice above. Given your amateur LL's breathtaking ignorance of the basic laws of tenancy, you hold all the cards here. Any S21 that is eventually served will inevitably be invalid (prescribed information: do you have current GSC and electrical safety certs, EPC, protected deposit, current 'How to Rent' booklet?). Absence of any one of these invalidates the S21 and she must start again.
Even once she serves a valid S21, and the notice period expires, the current court delays to obtain a possession order mean that the earliest she could take possession is July 2022, and possibly much longer. Point this out to any prospective viewers and they'll not be making an offer.
If she wants you out any earlier then this should be to your timetable and not to hers, and she should compensate you accordingly.

theoretica

Do you know which agency will be marketing the house?  As soon as you find out - perhaps when they come to take photos - I think you ought to calmly and factually explain the matter to them, as professionals they should understand and explain to the landlady.  You are the tenant, and have not even been given notice and while you don't intend to be unreasonably obstructive you do intend to stay and enjoy your current home until you find somewhere else good to go.  Perhaps they, the agent, would let you know if they get anything perfect on their books?

Stubod

..due to your landlords apparent complete ignorance it looks like you hold all the cards....make them work for you!!