Renting, Help please.

Petstalk

macman said:

Don't worry, if its been marketed as with vacant possession then it won't get to exchange until it's vacant. Your LL is clueless.
Is the tenancy regularised, deposit protected? GSC, EICR, How to Rent booklet etc

Tenancy regularised?

Yes, Deposit protected.

No GSC, EICR, EPC  11 Years ago.
Or maintanence.

How to Rent booklet,no
Ect, What eles?

Petstalk

dimbo61 said:

The power is in your hands and not the Landlord or estate agents.
If the Landlord wants you out quickly so they can sell the property with Vacant possession they need You to play ball.
Right now the LL wants there cake and eat it so to speak !
You carry on paying the rent till the day they want you out because the new owners want to exchange and complete.
If you say Oh Sorry we have not found a place to Rent we like and can afford the LL has to go down the S21 and courts route which might take 6/8/12 months.
Now for say £4/5,000 you might be willing to move out in 2/3/4 weeks.
The Rightmove advert stated Vacant possession so buyers " think " you have been served the correct notice and will move out when requested.
Could be cash buyers ? Could be a BTL landlord, Could be Harry and Megan and 2 lovely kids but you don't need to move until correct notice is given and courts allow LL to take possession with bailiffs knocking at YOUR door 

 
Agree LL wants there cake & eat it. 

Where on, Rightmove advert,  stated Vacant possession? 

When did viewings weeks ago, buyers didnt know a longterm rent.

macman

Petstalk said:

macman said:

Don't worry, if its been marketed as with vacant possession then it won't get to exchange until it's vacant. Your LL is clueless.
Is the tenancy regularised, deposit protected? GSC, EICR, How to Rent booklet etc

Tenancy regularised?

Yes, Deposit protected.

No GSC, EICR, EPC  11 Years ago.
Or maintanence.

How to Rent booklet,no
Ect, What eles?

So any S21 that he might eventually serve you will be void in the absence of any one of these, he won't be selling with vacant possession any time soon. 
Why are you living in a property that has not had a GSC in 11 years though? iI's a serious criminal offence by the LL.

propertyrental

Why are you allowing the LL to put your life at risk? Get a gas inspection done! See
https://www.hse.gov.uk/gas/domestic/faqtenant.htm

Petstalk

propertyrental
"LL put life at risk" 
Look into having, gsc done.

Lack of knowing, My nature,  being to kind. Low self value. 

Mutton_Geoff

Even if the listing says "vacant possession" that is fairly meaningless since it is usually the estate agents default statement along with a "caveat emptor" statement somewhere and the responsibility of the purchasers conveyancers to reveal whether this will indeed be the case when the seller answers question 11 on the TA6 which they will gain sight of before exchange of contracts.

The OP is in an extremely strong position so should sit tight, continue to pay rent as demanded by the original agreement. I once had to move out of a rented property under similar circumstances, the terms I agreed with the landlord was a full refund of the total rent & deposit I'd paid in the 18 months I'd lived there.

pinkshoes

At the moment do nothing and just pay normal rent.

If your landlord wants you to move out, then they need to issue the correct paperwork.

Personally I would start looking for alternative suitable accommodation, then when the landlord wants you out, you are in a VERY strong position to negotiate - tell the landlord you want ALL your moving costs paid, your deposit refunded in full ASAP, and £1000 for the inconvenience. 

If he is not willing to negotiate to get you out quickly, then stay put and just keep paying your rent, wait until he issues an S21, and THEN when that expires wait until he takes the expired S21 to court and gets bailiffs. This is no doubt what the council will want if you're looking to be rehoused by the council. Depending on your area, you could get some grotty temporary accommodation for a considerable amount of time and in a different area, so it might be worth trying to find another private rental that meets your needs.

LegallyLandlord

macman said:

Petstalk said:

macman said:

Don't worry, if its been marketed as with vacant possession then it won't get to exchange until it's vacant. Your LL is clueless.
Is the tenancy regularised, deposit protected? GSC, EICR, How to Rent booklet etc

Tenancy regularised?

Yes, Deposit protected.

No GSC, EICR, EPC  11 Years ago.
Or maintanence.

How to Rent booklet,no
Ect, What eles?

So any S21 that he might eventually serve you will be void in the absence of any one of these, he won't be selling with vacant possession any time soon. 
Why are you living in a property that has not had a GSC in 11 years though? iI's a serious criminal offence by the LL.

Technically a s21 notice is valid without an EICR. Landlords have to give the EICR, but it's not a requirement under s21. 

Did they give you a copy of the latest GSC. They should do that every year. Ditto each time the EPC is issued.

TripleH

You pay rent to the same account as you always have until you get formal notice to pat it to a new account.

If the house sells and you get a new landlord, it's not your problem if you are not correctly notified of a change in circumstances.

This should come with notification that the deposit has been protected.

If no GSC (assuming property has gas and you have not been approached about a new inspection) then do nothing as a S21 is unlikely to succeed.

As said, if asked to leave, ask what you will get to go sooner. Keep an eye out for property to rent in case something does turn up.

Finally, this may sound cruel, but if the new owners turn up one day with a removal van and 3 screaming kids thinking they own the place and can move in, inform them you are still legally living there and pass all information about your current landlord onto them. I would be polite and friendly but inform them you weren't given formal correct notice to vacate the property.

macman

LegallyLandlord said:

macman said:

Petstalk said:

macman said:

Don't worry, if its been marketed as with vacant possession then it won't get to exchange until it's vacant. Your LL is clueless.
Is the tenancy regularised, deposit protected? GSC, EICR, How to Rent booklet etc

Tenancy regularised?

Yes, Deposit protected.

No GSC, EICR, EPC  11 Years ago.
Or maintanence.

How to Rent booklet,no
Ect, What eles?

So any S21 that he might eventually serve you will be void in the absence of any one of these, he won't be selling with vacant possession any time soon. 
Why are you living in a property that has not had a GSC in 11 years though? iI's a serious criminal offence by the LL.

Technically a s21 notice is valid without an EICR. Landlords have to give the EICR, but it's not a requirement under s21. 

Did they give you a copy of the latest GSC. They should do that every year. Ditto each time the EPC is issued.

The lack of an EICR is not relevant. Any S21 served is invalid in the absence of either a current GSC or the non-supply of the How to Rent' booklet.