Landlord selling - viewings

Mimi123456

canaldumidi said:

Mimi123456 said:

...I definitely don’t want to overstay and get into service notice situation with the landlord and the lettings agency. So I’ll be leaving next month. Even though no idea where to go as.......

Well just bear in mind when the time comes that you have every right to stay.

Thank you. 👍🏼

theoretica

Mimi123456 said:

theoretica said:

Is the EA selling the same as handles the letting?  In that case I would strongly suggest they are very helpful in finding you somewhere new.

Yes it’s the same estate agent. I asked them to help me find something new and registered with them as looking but they haven’t been helpful at all. Actually mostly ignoring when I tried to contact them about a place I saw on their website. 

This seems a bit strange to me as I think I’ve been a good tenant. Paying rent, being patient with repairs and keeping the place nice and clean. I guess there is such a lack of supply of rental flats in London now that no one cares about keeping a ‘known’ tenant on their books. there will always be ten others standing in line for a place 

It is not keeping a known tenant on the books, it is that you are very sorry, but you are having such a hard time finding somewhere new to move to that you are getting anxious you might not be able to move out as requested so they can sell the place.  You really do want to be gone and not hinder the sale but it seems you need some help from them to get to the front of the queue for other properties.  And will the selling EA explain matters to their letting colleagues in such a way they help you...

Mimi123456

Drawingaline said:

Why stress about it all. Just tell the landlord that you aren't moving as t the end of the fixed term and wait for them to correctly give you notice. This will buy you some time, and you can honestly turn down viewings because you aren't moving. Keep looking for somewhere to rent, when you find somewhere then YOU give notice and move out then.

That way you are not holding up the sale too long, but don't have the landlords end of term deadline (that isn't a deadline anyway) and the pressure is off you. The landlord and EA know this is the case.

Polite reply to EA, sorry no viewings I am not planning on moving out right now. However I may do if I can find somewhere, do you have anything suitable to rent. 

Well, it’s not like they didn’t let me know about the sale. They did. And there was a break clause with a 2 month notice in the contract so effectively I knew 2 months before my tenancy ends that that are selling. So I guess that counts as a notice.

The EA are quite firm that I can’t stay any longer - they send me an email emphasising it. And got another party (the checkout firm) email me the check out procedures saying that the property has to be vacant at the time of their visit. 

Slithery

Mimi123456 said:

The EA are quite firm that I can’t stay any longer - they send me an email emphasising it. And got another party (the checkout firm) email me the check out procedures saying that the property has to be vacant at the time of their visit. 

As already explained above the agent giving notice doesn't end the tenancy no matter what they tell you, only you or the court can end it {they are just hoping that you are ignorant of the law and will go along with them without questioning). The EA have made a mistake by booking a checkout without knowing whether or not you're leaving and they'll have to deal with that.

Just tell them that you won't be able to leave until you find a new property to move to - hopefully this will mean that they give you priority over any upcoming rentals.

SusieT

Mimi123456 said:

Well, it’s not like they didn’t let me know about the sale. They did. And there was a break clause with a 2 month notice in the contract so effectively I knew 2 months before my tenancy ends that that are selling. So I guess that counts as a notice.

The EA are quite firm that I can’t stay any longer - they send me an email emphasising it. And got another party (the checkout firm) email me the check out procedures saying that the property has to be vacant at the time of their visit. 

They can NOT make you leave, even if they say they are giving you notice it is only that they WANT you to leave - you can stay put until you have somewhere else suitable, 
They can be as firm as they like (their job is to get you out, and are taking advantage of your good nature), but it changes nothing. You can stay until you find somewhere else, and if they want you to go sooner than is currently possible they need to get their backsides moving and finding you somewhere. It really is not your problem that they want you to go, you are holding all the cards here and are the one who can dictate what is happening. 
Stand firm, tell them you are staying until you find somewhere else, and that either they help you, or, they will have to put up with what you want to do and when, and that legally they can do nothing about it.

canaldumidi

Mimi123456 said:

Drawingaline said:

Why stress about it all. Just tell the landlord that you aren't moving as t the end of the fixed term and wait for them to correctly give you notice. This will buy you some time, and you can honestly turn down viewings because you aren't moving. Keep looking for somewhere to rent, when you find somewhere then YOU give notice and move out then.

That way you are not holding up the sale too long, but don't have the landlords end of term deadline (that isn't a deadline anyway) and the pressure is off you. The landlord and EA know this is the case.

Polite reply to EA, sorry no viewings I am not planning on moving out right now. However I may do if I can find somewhere, do you have anything suitable to rent. 

Well, it’s not like they didn’t let me know about the sale. They did. And there was a break clause with a 2 month notice in the contract so effectively I knew 2 months before my tenancy ends that that are selling. So I guess that counts as a notice.

The EA are quite firm that I can’t stay any longer - they send me an email emphasising it. And got another party (the checkout firm) email me the check out procedures saying that the property has to be vacant at the time of their visit. 

1) did they serve the proper 2 month notice according to the Break Clause? (please also quote the BC here). AND

2) did they also serve a S21 Notice?

They need to do both for it to have any legal meaning.

You still have not confirmed whether you have received a S21.....

It does not matter how 'firm' they are. What matters is whether they have complied with the law! And the law says a landlord cannot end a tenancy (in England). Only a tenant or a court can do that. And a court will only end the tenancy if the landlord has done certain things, one of which is serve a valid S21 Notice. Please read the link I gave you earlier which explains your rights.!

As for the checkout firm - they know even less about the law. They simply know how to inspect a property.