Rental being sold - Unable to find anywhere else to live

typody

Hi,

I am after some advice from people who know more than me on renting and my rights.  We live is a rental and the landlord has told us he needs to sell the house.  We haven't been issued notice yet, but he mentioned his intent to serve a section 21 giving us two months notice.  It is of course totally his right to do so this.

The issue we have is with children in local schools we can't move too far and there is nothing suitable at all on the market.  We are continuing to look of course and want everything to end amicably, the relationship has always been good and the rent has been paid on time every month for the entire tenancy.

I guess the issue is what happens if we just don't find anywhere?  I understand he is doing what he needs for his family, but I have to do what's right for mine as well.  We can't just be out on the street.  The moment we find somewhere we will move, which will hopefully be sooner than the 2 months.

I just don't know what to do.  I have so much going on in my work/private life I could really do without this at the moment, but that is just something I will have to deal with.

Schwarzwald

typody said:

It is of course totally his right to do so this.

it's his right to issue the S21.
it is your right to not move out and wait until a court ends your tenancy.
hopefully that additional time will allow you to find alterntaive new accommodation that is suitable for your family.
dont let him pressure you to move more quickly "just" because he wants to sell.
obv continue paying your rent until the end of your tenancy as normal.

BarelySentientAI

First thing - the two months notice is notice that after this date the landlord can start the court process to eventually get them to remove you.

It's not two months and you have to be out.

Of course, that stops being 'amicably' if you start forcing court to be necessary.

PRAISETHESUN

Keep in mind that even if your LL issues a S21 notice, there is no legal obligation for you to actually leave the property at the end of the notice period. All it means is that the LL may then start court proceedings to get you evicted, and even then if they haven't done everything by the book (there's a lot of things they need to have done that are easy to get wrong) it'll get thrown out in court and they will have to start again. Realistically you have a fair bit of time to find somewhere else, and if your LL wants you to move on their schedule they should make it worth your while (think £££...)

propertyrental

Schwarzwald said:

typody said:

It is of course totally his right to do so this.

it's his right to issue the S21.
it is your right to not move out and wait until a court ends your tenancy.
hopefully that additional time will allow you to find alterntaive new accommodation that is suitable for your family.
dont let him pressure you to move more quickly "just" because he wants to sell.
obv continue paying your rent until the end of your tenancy as normal.

would it help you to move quickly if the LL gave you the cash for an onward deposit? Or more even? He might be willing to avoid the hassle and delay of court action.

typody

Thanks.  No matter what I will carry on paying the rent, I don't want to make things worse

I want things to end well as we will need them for a reference so fingers crossed we will find somewhere and we can give notice.

PRAISETHESUN

typody said:

Thanks.  No matter what I will carry on paying the rent, I don't want to make things worse

I want things to end well as we will need them for a reference so fingers crossed we will find somewhere and we can give notice.

Definitely keep paying the rent. Not doing so makes your LL's life easier as it's an easier process to evict you. Also, I wouldn't worry too much about the reference. Your LL would be pretty silly to not give you a good one. Why would they make it harder for you to leave when they are trying to get rid of you?

typody

Thanks everyone, you have made me a bit less panicked that I was this morning.  For some reason the reply option isn't working so to answer the questions above:

"would it help you to move quickly if the LL gave you the cash for an onward deposit? Or more even? He might be willing to avoid the hassle and delay of court action." - I wish.  But there just isn't the houses available, it's a bit bleak at the moment for stock.

mogsy1975lfc

Before they can serve you any Sections , there are restrictions before they can do this - 
The landlord hasn’t provided Wired working smoke and (where needed) carbon monoxide alarms in your home 
Your landlord has not protected your deposit in a scheme .
 Your landlord hasn’t provided a current electrical installation condition report (EICR)
Your landlord hasn't supplied you with a current gas safety report . 

If you haven't received an up to date written contract .
So if you think they have not completed these checks it will give you more time .  

Brie

mogsy1975lfc said:

Before they can serve you any Sections , there are restrictions before they can do this - 
The landlord hasn’t provided Wired working smoke and (where needed) carbon monoxide alarms in your home 
Your landlord has not protected your deposit in a scheme .
 Your landlord hasn’t provided a current electrical installation condition report (EICR)
Your landlord hasn't supplied you with a current gas safety report . 

If you haven't received an up to date written contract .
So if you think they have not completed these checks it will give you more time .  

And check on whether he's done this starting now.  And he can go ahead and issue a S21 but it will be invalid without everything done properly.  Now you want to stay friendly which is fine but a lot of people will make note of what's not been done and tell the LL the day before the S21 expires so that he has to get whatever it is done and then issue another S21.  

If keeping the kids in the same school is important would there be any hope if you put the word out on the parent network at school(s).  Someone might be in a similar situation and waiting for the end of the school year before moving to Cornwall or Durham.  

theartfullodger

Many many s21 notices are invalid (Google "nearly legal section 21"…)

Until landlord serves s21 you won't know.. He might change his mind and not serve.

Many ignorant stupid landlords out there...

Artful (ignorant stupid landlord)