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In rented 3wks. LL failed to inform me he is selling. What are my rights?

124

Comments

  • SquatNow
    SquatNow Posts: 2,285 Forumite
    Good post Deary65, but lets be honest here, if she forces the landlord to let her stay, and he's in financial !!!!!!, she'll just get turfed out by the mortgage lender anyway.

    Better to help the landlord sell and take a cut.
    Bankruptcy isn't the worst that can happen to you. The worst that can happen is your forced to live the rest of your life in abject poverty trying to repay the debts.
  • deary65
    deary65 Posts: 818 Forumite
    Not so, the act speaks of "premises" not "tenure" therefore anyone acting as landlord seeking possession will be bound by the DDA 1995. The only gray area I can see is if the mortgagee did not know the property was let. That is why I say the op should seek legal advise from a lawyer.
    Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.
  • As an estate agent we have always been told it is illegal to market a property that is being rented within the first 4 months of the tenancy unless the tenant has agreed to this in writing before commencing the tenancy.
    Usually a person has the property up for sale as well as for rent and if it gets rented befor it sells then we have to take the property off the market for 4 months.
    It might not help much but it would give you some breathing space for a while.
    Maybe see a solicitor who offers free legal advice about this?
  • Zebedee69 wrote: »
    If it was me id stay put till May, not pay the LL any rent and leave the place in a tip when you leave.

    Thats about all the LL deserves.

    They'll just kick the OP out sooner then. Oh, and the LL can take them to court to get the rent.
  • Trollfever wrote: »
    Change the locks and put door chains on.

    Tell the EA that you will be happy to show their clients around by prior appointment but you want £100 cash payable up front before the appointment to compensate you for your time and trouble.

    Are you kidding me? What a load of balls.
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  • Dummie_2
    Dummie_2 Posts: 251 Forumite
    Just an update.

    Received a phone call from the LL today wanting to arrange another viewing.

    I told her how unhappy I was with the situation and the dishonesty involved and said I will exercise my right to quite enjoyment during the term of my tenancy.

    I did ask if she was willing to cut short the tenancy should I find somewhere else because I feel I am not able to settle knowing that in a few months time I'm going to have to move. Especially with my son who will be settled by then and uprooting him will be very stressfull for him so I'd rather do it whilst he's still not settled. She refused and said she'll just wait until the break clause which is in May.

    I have an appt with CAB on Friday. I gave them all the details last week so hopefully I'll find out what all my options are.
    Dummie
  • SquatNow
    SquatNow Posts: 2,285 Forumite
    Make her the offer I suggested and see what happens.

    If you explain to her that she could lose thousands if she waits, she'll be more reasonable.
    Bankruptcy isn't the worst that can happen to you. The worst that can happen is your forced to live the rest of your life in abject poverty trying to repay the debts.
  • Having children myself I feel quite upset for you and your son. Hopefully you`ll have some peace in the next few months and hope you have better luck in your next home.
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    ""She refused and said she'll just wait until the break clause which is in May.""

    what a !!!!!


    she cannot actually get you out without a court order anyway - so dont worry about having to leave after she has given you a SEction 21 (notice to quit). A Section 21 notice has to be worded in an exactly precise manner, and she probably wont know how to do that anyway, so, stay calm.

    i would VERY rarely recommend not paying the last months rent if it looks like you will not get your deposit back, but, i would suggest this as a strategy in this case - this LL does not know what the hell she is doing.
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