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Worried we're about to be made homeless whilst buying
Jmoo
Posts: 363 Forumite
Me and my partner are long-distance and I've just got a new job in a new city where she is living. She's renting in a one-bedroom house, and we're really keen to get in a house now I've started working there. We successfully put an offer in with an estate agents in November, and there had been discussion of a move by March. Things seemed to be moving quickly with our application, our solicitor has taken our money and the deposit and asked for a completion date, with just five days' notice if we wanted to move. We told the solicitor we could move within days.
Foolishly my partner told her landlady she was ready to move out, and handed in her notice. But 24 hours later we were told the house we were buying was no longer moving forward and there will be a hold up. This has caused a problem as her landlady isn't returning her calls or emails after she provided an end date.
In the meantime I receive a call from the seller saying that the house they're buying is now in a dispute between two divorced people. One who has moved out doesn't want to sell, and apparently it's now involving a court. This has been an issue since they offered to buy the house in September, and I now wonder if it's why someone else dropped out buying. They know no other information, and the solicitors were kept in the dark too. I said we'd try to be understanding, but there are a lot of pressures on us about the move.
I've told the solicitor this saying we really need a timeframe to know what's happened. They've shrugged and said "hopefully" this is progressing, and it's just a case of waiting for a date, and that the seller won't split the chain. I'm not really happy with that, and would like a bit more cooperation, even if it's some dates we can expect progress.
I'm a bit stumped what to do - we obviously need to try to track down the landlady to see if she can stay in the flat. But my fear is if it's going to be long term, I'm going to have to find us a bigger flat, and presumably it'll need a long-term tenancy. We really can't afford to do that, on top of buying furniture for our first house. And I don't know how to play it with the solicitors and the whole process, we don't want to be awkward, but we fear at the end of this we might not even get a house.
Foolishly my partner told her landlady she was ready to move out, and handed in her notice. But 24 hours later we were told the house we were buying was no longer moving forward and there will be a hold up. This has caused a problem as her landlady isn't returning her calls or emails after she provided an end date.
In the meantime I receive a call from the seller saying that the house they're buying is now in a dispute between two divorced people. One who has moved out doesn't want to sell, and apparently it's now involving a court. This has been an issue since they offered to buy the house in September, and I now wonder if it's why someone else dropped out buying. They know no other information, and the solicitors were kept in the dark too. I said we'd try to be understanding, but there are a lot of pressures on us about the move.
I've told the solicitor this saying we really need a timeframe to know what's happened. They've shrugged and said "hopefully" this is progressing, and it's just a case of waiting for a date, and that the seller won't split the chain. I'm not really happy with that, and would like a bit more cooperation, even if it's some dates we can expect progress.
I'm a bit stumped what to do - we obviously need to try to track down the landlady to see if she can stay in the flat. But my fear is if it's going to be long term, I'm going to have to find us a bigger flat, and presumably it'll need a long-term tenancy. We really can't afford to do that, on top of buying furniture for our first house. And I don't know how to play it with the solicitors and the whole process, we don't want to be awkward, but we fear at the end of this we might not even get a house.
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You might want to consider finding a new rental to take the pressure off you both and restart your house buying search.A feuding couple is never a good thing as it could drag on for months. Even if you are successful in making contact with your partners Landlord, they may not wish to extend your tenancy.House buying is so stressful even without these issues, make your life a little easier and tackle one issue at a time. Pull out of the purchase, look for a rental/extend current rental, then start again with house search.1
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Jmoo said:....
Foolishly my partner told her landlady she was ready to move out, and handed in her notice. But 24 hours later we were told the house we were buying was no longer moving forward and there will be a hold up. This has caused a problem as her landlady isn't returning her calls or emails after she provided an end date.
........we obviously need to try to track down the landlady to see if she can stay in the flat. But my fear is if it's going to be long term, I'm going to have to find us a bigger flat, and presumably it'll need a long-term tenancy. We really can't afford to do that, on top of buying furniture for our first house. And I don't know how to play it with the solicitors and the whole process, we don't want to be awkward, but we fear at the end of this we might not even get a house.That was indeed foolish. You should never hand in notice till you have Exchanged Contracts on your purchase.Was the notice valid?* Eng? Wales? Scotland?* tenancy fixed term? Dates? Or periodic? CPT or SPT? (see link below). Dates of periods?* date notice served? Expiry date on notice?If valid, when notice expires the tenancy ends and there are several possible consequences* speedy eviction (no tenancy so no need for S21 or S8)* double rent (or 'mesne profits') if you don't leave* LL simply continues to collect rent and new tenancy is formedThe best practical approach is tea & cake - friendly discussion with LL, apolgies and explain, and agree a way forward.Post 4: Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?Distress For Rent Act 1737 S18 & Landlord and Tenant Act 1730 S1(Double rent if tenant stays after giving notice) plus explanation hereshelter.org.uk/ explanation of mesne profits /double rent.
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England, no fixed term tenancy, all she was told was a date and cost indication for when she would move out. She emailed less than 24 hours later.canaldumidi said:Jmoo said:....
Foolishly my partner told her landlady she was ready to move out, and handed in her notice. But 24 hours later we were told the house we were buying was no longer moving forward and there will be a hold up. This has caused a problem as her landlady isn't returning her calls or emails after she provided an end date.
........we obviously need to try to track down the landlady to see if she can stay in the flat. But my fear is if it's going to be long term, I'm going to have to find us a bigger flat, and presumably it'll need a long-term tenancy. We really can't afford to do that, on top of buying furniture for our first house. And I don't know how to play it with the solicitors and the whole process, we don't want to be awkward, but we fear at the end of this we might not even get a house.That was indeed foolish. You should never hand in notice till you have Exchanged Contracts on your purchase.Was the notice valid?* Eng? Wales? Scotland?* tenancy fixed term? Dates? Or periodic? CPT or SPT? (see link below). Dates of periods?* date notice served? Expiry date on notice?If valid, when notice expires the tenancy ends and there are several possible consequences* speedy eviction (no tenancy so no need for S21 or S8)* double rent (or 'mesne profits') if you don't leave* LL simply continues to collect rent and new tenancy is formedThe best practical approach is tea & cake - friendly discussion with LL, apolgies and explain, and agree a way forward.0 -
How did she serve notice? Phone, letter text etc..What does the tenancy agreement say about serving notice? Please quote the relevant section.1
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At the moment that's what I'm realistically thinking, and I feel having something to pressure the others with might focus the minds. But we also keep getting the word from our solicitor that "hopefully" something will move soon, but that's presumably just very optimistic, as there's nothing to suggest it will.UnderOffer said:You might want to consider finding a new rental to take the pressure off you both and restart your house buying search.A feuding couple is never a good thing as it could drag on for months. Even if you are successful in making contact with your partners Landlord, they may not wish to extend your tenancy.House buying is so stressful even without these issues, make your life a little easier and tackle one issue at a time. Pull out of the purchase, look for a rental/extend current rental, then start again with house search.
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An email saying sorry you're leaving, giving notice it takes you up to 7 March, we will be collecting your keys at 12 noon, we need your address for forwarding correspondence, and during the next 28 days we'll be showing your flat to prospective tenantsSlithery said:How did she serve notice? Phone, letter text etc..What does the tenancy agreement say about serving notice? Please quote the relevant section.0 -
How did your partner serve notice? Phone, letter text etc..What does the tenancy agreement say about serving notice? Please quote the relevant section.
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By email. I'm pretty sure it's a valid way of doing it, I'm not disputing how she delivered it, we just hoped she might have some leeway with the landlady to stop it.Slithery said:How did your partner serve notice? Phone, letter text etc..What does the tenancy agreement say about serving notice? Please quote the relevant section.0 -
And does the tenancy agreement say that email is a valid method of serving notice? I've never seen one that has.If not then she hasn't served notice.1
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You really need to clearly answer each of the the questions I asked, and the questions Slithery asked.That is, if you want helpful sensible advice, or explanation of your options.1
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