Rental Notice

diddly74

Hi Guys

Last October my landlord told us that he was thinking of selling our home.  We've been here 12.5 years now and he asked us if we would like to buy - we said we would and have been saving hard - but we haven't been able to get enough together to get the deal done - even with concessionary purchase blah blah.  So last Saturday he called and told me that because we haven't been able to get over the line, he and his partner in the rental have decided that they are going to put the house on the open market - as a vacant possession.

So, we have 2 months to vacate - there is the possibility to eek it out until after Christmas - but how am I supposed to move New Year's Day??  Any hoooo I have taken my deadline to be 1st December.  We appear to have found a property that our family is happy with and have agreed to take with the agent (although no paperwork signed yet) - My questions are:

• Do I need to give my landlord notice or can I leave without it? He has already told us we have to leave.
• If we can arrange to vacate at the end of this month = including painting walls and removing the items he has asked us to can we without penalty?  
• If I do have to give notice, and do it today, 8.10.2022, will that mean that I can leave on 7.11.22 and just pay my rent to that date (we pay our rent on the last day of the month)? Or does it mean that I have to "stay" until 30 November and pay for that month too?

Obviously, the sooner we are out the sooner the landlords can get the house up for sale.  He did ask us to paint back walls that we have painted, which I am happy to do - although other people have advised me not to bother.  I haven't re-read my tenancy contract yet because my brain has been too noisy trying to find a place to go to before thinking about leaving this one.

Ideally, I would like it if we could move out of this house on 31/10/2022 but keep it a week or so longer so that we can paint, clean and tidy and ensure everything is as good as we can make it in that last week.  But if I have to pay a full month's rent it's going to be harder financially for our family moving etc.

Your answers and advice are appreciated.
Next job - changing all the utilities over
Oh and if anyone had any tips, tricks or advice on packing up an overstuffed 3 bedroom home where one person LOVES music and books and has an extensive music collection, I would receive these will great pleasure!

Thank you for listening

johnny_c-l

It sounds like you are on a periodic tenancy which would be one month's notice, and to your second bullet point this takes you up to the end of November. You could of course pay until the end of November and leave before if it suits you, accepting the overlapping rents for a few weeks.

However why not just speak to your landlord and ask if he will allow the tenancy to end in October (or early November if you are returning to paint). As you say this sounds like it would suit them too and you already have a good line of communication with them. 

You're absolutely right about following through re-painting the black walls, certainly not a nice task to leave behind! 

dimbo61

The Landlord wants you to leave after 12.5 years.
If they have to go through the eviction route it could take 8/12 months before the bailiffs come knocking on your door.
The LL,s have also received a lot of money from you and your family so hopefully they will be understanding
Yes please paint the black walls ( may take 3/4 coats of paint )

turnitround

I dont think they OP meant 'black' walls. I read it as painting back walls.

johnny_c-l

turnitround said:

I dont think they OP meant 'black' walls. I read it as painting back walls.

Haha yes, my eyes read that as 'black' for some reason

theartfullodger

That a rental property is sold does not end tenancy nor compel tenant to leave.

The problem is with landlord who by the way may realise that his poor paperwork means he can't serve a valid s21 notice and he's stuffed.  

Wait until landlord actually serves any notice, then check if valid (for checklist Google "nearly legal section 21)

diddly74

turnitround said:

I dont think they OP meant 'black' walls. I read it as painting back walls.

LOL no the feature walls in the lounge are a dark blue, not quite black!

Thank you all for your comments. 

dimbo61

Sorry I have reread the original post.
Now it's the Landlords who want to sell " your home " and make you homeless after 12+ years of living there and paying rent.
The property will be worth more with vacant possession and the LL,s know this.
Has the LL carried out all there legal responsibilities ???
Gas Safe Certificate, EICR ? Deposit protection ? Etc

As for the painting ( forget it ) unless the LL ,s did a proper Inventory before you moved in ?
With 12 years having passed any judge from the Deposit scheme would expect a Landlord to cover refurbishment costs including repainting of the whole property and award £0 out of the deposit.
Same with carpets, curtains etc which may need replacement.
Now if the Landlords want you out they can offer you compensation for having to move !
I would start with 12 months rent refunded as the property will be worth that much more with vacant possession!
Stick to your guns.
IE it will cost you a lot of money to find a new rental. Deposit, moving costs etc and wait for them to come back to you.
Good luck on finding a new home in the current rental market 

diddly74

Thanks people. But we have an update.

Landlord won't allow us to leave and then complete decorating,
He has also said I haven't given him notice and that he hasn't given formal notice.  So plan on sending him notice in writing tomorrow - he only gave us verbal notice on 1st.

So if I give notice tomorrow 20/10/22, do I give 4 weeks, I.e. we pay up to 19 Nov or will I have to pay for a whole month when my rent is due 31/10/22?

The websites read a month's notice, but then others I read mention terms of calendar months n stuff. It's really not 100% clear.  

We have found a new place, which we intend to move to on 31/10/22 and get keys that Monday. 

macman

Tell him that if he will not agree to end your tenancy on 31/10/22, then you will lose the 'new place' and therefore cannot vacate in 2 months after he serves you formal notice by way of an S21.  There is  no requirement to vacate at the end of the 2 month notice period anyway: you can remain until such time a a court grants a possession order, which would be probably 6m down the line. from the end of your notice period.

Titus_Wadd

OP please listen to the advice above.  You have a great bargaining position because if you were to stay until he meets all the requirements for a valid s21 notice, then serves the notice he has no power to end your tenancy.  Only you or the courts can do that.
I think you are a nice person trying to be helpful but the LL isn't being fair to you.  I bet you've looked after the place? Is your original deposit protected? After allowing for 12 year's wear and tear I doubt there'd  be much to deduct.  Beggar the repainting...or maybe paint those walls  black! 
The house is worth several thousands more without a sitting tenant and he's quibbling over a few days rent?
I hope he's more flexible when he realises you know you could stay for many months if you choose to, or if the new rental falls through or isn't ready yet.

Finally, if you still would like to buy, offer him whatever you can afford...again pointing out the cost of evicting you would eat into his profit and delay any sale with vacant possession.  Good luck!