Notice to quit, if I let it go to court will we “blacklist” ourselves?

n1guy

Curious how this works, currently on the count down on our notice to quit as the landlord has sold up.  

We’ve already done all the usual, applied for everything not that there’s been much, have our name with all the agents.  The main issue seems to be complete lack of properties in this area.

So if we can’t find anything and we let it go to court do we blacklist ourselves essentially? We’re renting 20 years, have glowing references from anyone we ever rented with, would hate to ruin that, so it’s looking increasingly likely we go this route or split up our family and move back home as neither parents have enough room for all of us, would also mean some of us have to leave work. And then what about our deposit?

RAS

You need to provide rather more information.

Which country are you in as the law differs in different countries

Exactly what sort of notice did the LL gives you? 

If it was an S21, you do understand that this is not notice to quit? It is notice that if you do not move by a specific date the LL may take legal action to get you to leave

Have you checked and double checked that the LL has complied with ALL the legal requirements? If not their S21 is invalid.

If you've got a LL who thinks it's a good idea to sell up when they've got tenants resident in the property, it appears their understanding of tenant law is less than perfect, so they may not have got everything else right.

Even if they've got everything right, it'll easily take 6 months to remove you. 

n1guy

RAS said:

You need to provide rather more information.

Which country are you in as the law differs in different countries

Exactly what sort of notice did the LL gives you? 

If it was an S21, you do understand that this is not notice to quit? It is notice that if you do not move by a specific date the LL may take legal action to get you to leave

Have you checked and double checked that the LL has complied with ALL the legal requirements? If not their S21 is invalid.

If you've got a LL who thinks it's a good idea to sell up when they've got tenants resident in the property, it appears their understanding of tenant law is less than perfect, so they may not have got everything else right.

Even if they've got everything right, it'll easily take 6 months to remove you. 

It’s not an s21, it’s a letter from the estate agent saying the property has been sold, the new buyer intends to live in it themselves and so this letter is a notice to quit the tenancy agreement 8 weeks notice. We’ve been there I think 7 years, it’s just a rolling thing now

I’m in Northern Ireland 

theartfullodger

Look here for advice as a tenant in NI
https://www.housingrights.org.uk/housing-advice/eviction/eviction-private-tenancy
[quote] This information is for people renting privately in Northern Ireland.

If you’re a private tenant, your landlord can evict you. Legally, eviction is when you are removed from a property. Your landlord must follow a process which includes:

• giving you written notice, called ‘notice to quit’
• taking you to court
• getting a court order
• enforcing the order with the Enforcement of Judgments Office (EJO)

 [/quote]
& contact details  here...
https://www.nidirect.gov.uk/contacts/housing-rights

In your shoes I'd first talk to them & understand if the Notice to Quit is valid (many many will not be)

Sorry, don't understand NI law: Good luck!

Assuming next landlord requires a reference from previous landlord there may be issues.

n1guy

theartfullodger said:

Look here for advice as a tenant in NI
https://www.housingrights.org.uk/housing-advice/eviction/eviction-private-tenancy
[quote] This information is for people renting privately in Northern Ireland.

If you’re a private tenant, your landlord can evict you. Legally, eviction is when you are removed from a property. Your landlord must follow a process which includes:

• giving you written notice, called ‘notice to quit’
• taking you to court
• getting a court order
• enforcing the order with the Enforcement of Judgments Office (EJO)

 [/quote]
& contact details  here...
https://www.nidirect.gov.uk/contacts/housing-rights

In your shoes I'd first talk to them & understand if the Notice to Quit is valid (many many will not be)

Sorry, don't understand NI law: Good luck!

Assuming next landlord requires a reference from previous landlord there may be issues.

Thanks,  we’ve already got the reference of this estate agent, they gave it as soon as they listed the property for sale

MultiFuelBurner

Did they sell without buyers being shown round the property?

n1guy

MultiFuelBurner said:

Did they sell without buyers being shown round the property?

No, estate agent asked us for 2 hours one day when we were at work, no problem for us.  The estate agent is also our letting agent, been with them for years and we’ve a good relationship. House was only up for a week and sold.  

Vectis

But, logically, if you say there's no properties to rent in your area (is that absolutely no properties, or no properties that match what you're currently renting i.e. size, location, decor, price etc?) isn't that likely to be the same if you string it out, make the LL take you to Court and generally put obstacles in the way?

If the outcome's going to be the same, going by what you say, wouldn't it be better to confront the problem head-on rather than delay it and possibly have that go against you with future LLs?

What's the problem with living in a different area? It might not be as convenient for getting to work etc, but surely that's better than all going your separate ways and living in different houses with parents etc?

Yes, you could possibly string it out (I don't live in NI, so don't know the law there) but, if the end result is the same, all you're going to get at the end of it is a reputation with future LLs/agencies as a difficult tenant.

MultiFuelBurner

n1guy said:

MultiFuelBurner said:

Did they sell without buyers being shown round the property?

No, estate agent asked us for 2 hours one day when we were at work, no problem for us.  The estate agent is also our letting agent, been with them for years and we’ve a good relationship. House was only up for a week and sold.  

Ok that answers that so it was a little underhanded so you didn't get any notice over and above the 8 weeks notice to quit.

If this was us (not advice you should take and we are LL's) I would contact the estate /letting agents that look after your let and have sold the house and advise them you are having issues finding a suitable property in the local area. You don't want to be a pain but you certainly will not make yourself homeless. They may wish to let the LL.know that and also request they put you at the top of their list for similar properties in the area as that is in their best interests.

I wouldn't go so far as to threaten them or request a figure for an assisted move/out of area move but it won't hurt to put them vaguely in the picture if this is a route you may be forced down.

n1guy

MultiFuelBurner said:

n1guy said:

MultiFuelBurner said:

Did they sell without buyers being shown round the property?

No, estate agent asked us for 2 hours one day when we were at work, no problem for us.  The estate agent is also our letting agent, been with them for years and we’ve a good relationship. House was only up for a week and sold.  

Ok that answers that so it was a little underhanded so you didn't get any notice over and above the 8 weeks notice to quit.

If this was us (not advice you should take and we are LL's) I would contact the estate /letting agents that look after your let and have sold the house and advise them you are having issues finding a suitable property in the local area. You don't want to be a pain but you certainly will not make yourself homeless. They may wish to let the LL.know that and also request they put you at the top of their list for similar properties in the area as that is in their best interests.

I wouldn't go so far as to threaten them or request a figure for an assisted move/out of area move but it won't hurt to put them vaguely in the picture if this is a route you may be forced down.

We did get a couple of weeks extra notice that it was happening, mainly because the estate agent wanted to come out and take photos etc and then by the time it all went up etc it was a couple of extra weeks.  During them 2 weeks we applied for everything locally we could do, sadly there has been nothing gone up since.  Yes the estate agent has already said have first refusal on anything new that he gets and I trust him on that as this has happened us before and the house we had before this, landlord sold up and he gave us first refusal on this house

theartfullodger

Just because someone has bought your place (even if outside in car with 3 screaming kids, spouse gone bonkers and a large removals van does not end tenancy nor compel you to leave.  Only court can do that .

Good luck