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Landlord is selling property and I can't afford to move.

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  • horsewithnoname
    horsewithnoname Posts: 776 Forumite
    500 Posts Third Anniversary Name Dropper
    FlorayG said:
    Has the LL advertised it for sale 'with vacant possession'? i.e. empty? Because if not then he may be selling it with you included to another landlord.
    Are you aware that you don't have to move out at the end of your fixed term? - it automatically becomes a periodic tenancy if the LL does nothing to evict you. Just telling you that you will need to move in August has no legal teeth.
    The LL may be wanting to sell because they are not making any money from the property, especially as you are paying well below market rent. It might be worth speaking with the LL and see if an increased rent would be acceptable for him to withdraw from sale
    If the LL wants you to vacate in August it's in his interest to offer to pay your removal and other costs in obtaining a new rental; you should be able to get a loan for the new deposit which you can pay off when the current LL returns the deposit he has
    How do you know the landlord isn’t making any money? It’s perfectly possible that they are making money on it. 
  • FlorayG
    FlorayG Posts: 2,208 Forumite
    Seventh Anniversary 1,000 Posts Photogenic Name Dropper
    FlorayG said:
    Has the LL advertised it for sale 'with vacant possession'? i.e. empty? Because if not then he may be selling it with you included to another landlord.
    Are you aware that you don't have to move out at the end of your fixed term? - it automatically becomes a periodic tenancy if the LL does nothing to evict you. Just telling you that you will need to move in August has no legal teeth.
    The LL may be wanting to sell because they are not making any money from the property, especially as you are paying well below market rent. It might be worth speaking with the LL and see if an increased rent would be acceptable for him to withdraw from sale
    If the LL wants you to vacate in August it's in his interest to offer to pay your removal and other costs in obtaining a new rental; you should be able to get a loan for the new deposit which you can pay off when the current LL returns the deposit he has
    How do you know the landlord isn’t making any money? It’s perfectly possible that they are making money on it. 
    I don't, of course. I'm just suggesting that IF that is the case, the LL may be willing to increase the rent instead of selling.
    OP if you can't move 'all your stuff' the LL is required to remove it to storage and advise you of a reasonable timespan to come and get it ( usually a month). If you don't do that, the LL is entitled to sell anything worth money, dispose of the rest, take his storage costs from the proceeds and should remit the balance to you
  • saajan_12
    saajan_12 Posts: 5,089 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Does anybody know what I can do with my stuff if I can't move it all? Am I liable for paying the costs if a landlord has to get it removed/autcioned or whatever the process is?
    FlorayG said:
    OP if you can't move 'all your stuff' the LL is required to remove it to storage and advise you of a reasonable timespan to come and get it ( usually a month). If you don't do that, the LL is entitled to sell anything worth money, dispose of the rest, take his storage costs from the proceeds and should remit the balance to you

    Re this since another poster has given one side, ie if there's a surplus in the value.. The flip side is if the items you leave behind are not worth much and it ends up costing more to dispose of them, then you'd be liable for those costs. The LL could deduct this from the deposit or even sue for the cost if it exceeded the deposit. 

    I mention this to warn you of the potential further costs. It would be worth decluttering now, while you still have time to list items for sale and slowly get rid of anything you're not using. 
  • deannagone
    deannagone Posts: 1,115 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    I have two autistic sons, the older one also had some violent behaviours.  I kind of reverse thought it, he'd come in raving after school and realised he wasn't angry he was hurting and frustrated.  So I started asking him if he wanted a hug, no matter how angry he was acting.  He always wanted a hug (comfort) and without exception, always calmed down within seconds. Schools aren't very good with autism, unfortunately.  There can be a lot of judgments/bullying and I am afraid teachers can be as bad as peers in my experience etc. 

    You could (if you haven't already) try applying for specialist schooling.  My younger son (now an adult) had autism and anxiety.  Going to a smaller more sensitive school wasn't the complete answer but it was a lot better than his secondary school.  

    As far as living in a one bed place.., have you thought of your son having the bedroom whilst he's there, and you sleeping on a sofa?  Its what I did when I had a similar problem, in spite of back problems.  Its not without its difficulties, but it might be a solution.

    I would definitely suggest someone applying for PIP for your son.  Full care and mobility is currently £700 a month plus (no guarantee he would get that level).  You could try https://www.benefitsandwork.co.uk/.  It costs under £20 to join and all I will say is the first time I applied for DLA for my older son, it had to go through the full process before being accepted after appeal (took a year).  The second reapplication, it went through first time because I used the Benefits and Work advice.  It does take time though.
  • saajan_12
    saajan_12 Posts: 5,089 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Browntoa said:
    I earn way less than that and pay way more than that in rent.

    You need to look at what you are spending money on 
    The figure was before tax. I have a loan I am paying off, money I pay my son's mother each month (we agreed a monthly payment rather than going through the courts) and the usual bills and food. This all comes in at just shy of £1900pm.

    I don't have Sky TV or any 'unnecessary' bills and so am extra £200pm would leave me with nothing. That doesn't include money for clothes or birthdays/Christmas, and 'active' club my son has to go to during school holidays (they are too frequent and his mother and I already orchestrate our holiday entitlement around said half-terms etc).

    I am very shrewd with my money (negotiate bills, don't use heating in winter when I'm on my own, rarely use the oven etc). It's insane how much I have to pay to just 'survive.'
    might help to make a SOA and post it on the Debt Free board. While your issue may not be debt, it's a good place to figure out a plan to afford bills. Rent is a priority, and if you're saying £800 is under the going rate for similar properties, then its only a matter of time before that goes up, whether due to moving or a LL increasing it to match the market. 
  • blueskies1985
    blueskies1985 Posts: 20 Forumite
    10 Posts First Anniversary
    Why don’t you apply to the council. I know in my area you can earn up to £60k. 
    You’ll be eligible for a 2 bed to accommodate your son for when he stays. 
    It’s not a definite due to waiting lists, but you’ll be in a high band if your landlord is evicting you. It’s worth a shot.
  • KxMx
    KxMx Posts: 11,144 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 5 June at 10:00PM
    Council will most likely allocate OP one bedroom only, because the child is classed as adequately housed with the resident parent. 

    Housing Associations can be more flexible (anecdotally). 

    Help is usually only available once evicted by the court, OP will likely then need to go into temporary emergency housing before qualifying for anything permanent, being homeless will give high priority although some areas don't allow homeless people to refuse a property offer for permanent housing. It's take the first offer or leave the temporary accommodation and sort yourself out.

    EDIT: Having looked at Wiltshire policy I am correct on both counts. 
  • FlorayG
    FlorayG Posts: 2,208 Forumite
    Seventh Anniversary 1,000 Posts Photogenic Name Dropper
    If the OP is a single man with a full time job and no disabilities, it won't matter if he does actually get evicted, he won't be any sort of priority for social housing, There are an unknown number of homeless men with jobs living in their cars because they get missed off the list of 'homeless' if they are not actually sleeping out under a bridge and begging passers-by for finances
    OP you need to be tough and STAY in your present home until you either find a new home, the LL gives you enough money to make a move easier,  or you are actually evicted
  • gazfocus
    gazfocus Posts: 2,466 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    OP, I really feel for your situation. It's a horrible situation to be in and can only imagine the stress it's putting you under. 

    However, I would agree with @FlorayG. Just because your landlord wants you out, doesn't mean you have to move out. The only person that can force you to move out is the judge in court.

    While it might not be in your nature to be seen as difficult, I would explain to the landlord that you cannot afford the costs of moving (deposit, removal van, etc), and so as much as you'd like to adhere to the landlords request, it's just not something you're able to do. He then has the choice of either helping you with the costs of moving or taking you to court to regain possession of the property.

    It's also worth noting that possession hearings aren't quick to get so if the landlord does intend to go down that route it will be many months before you actually have to move (he needs to serve you the correct 2 months notice and then apply to the court once the 2 months notice has expired).

    Also as a side note, an earlier poster suggested defaulting on your loan and mentioned that might make it difficult if a letting agent/landlord credit checks you - just to say, a letting agent or landlord credit check CANNOT see details of payment history or defaults on your credit history. The only information they have access to is publicly available information such as CCJ/Bankruptcy/IVA. The vast majority of tenancy referencing websites are, in my opinion, worded specifically to scare people into thinking they can access your entire credit history but that simply is not the case so unless your loan ends up at CCJ stage, you'd have nothing to worry about.


  • lincroft1710
    lincroft1710 Posts: 18,935 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    There is a downside to not moving out after being served correct notice by your LL. You would most probably not get a good reference from your LL, and thus may struggle to find a new rental.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
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