Advice needed please...............

jojopo000

Hi
I really hope someone can help with some advice.
I have just been informed by my landlord that they are going to probably sell the house we rent from them due to personal problems at their end. Our lease still has another 6 months to run and I have 3 kids, 2 boys age 8 and 3 and a ickle baby girl who is under a year. I work part-time but have a bad credit rating and also have no access to rent in advance or a deposit and no agency would touch me with a barge pole. I have always paid my rent early and never missed a payment. I am also on the housing list but am currently in band D so there is no way I will ever be successful in bidding and winning a house so what on earth do I do? I have no deposit to come back as the council did a deposit guarantee for me. I also have PND and since finding out am just in a trance (well that is what it feels like).
What on earth do i do?
I have the estate agent coming round in the week to value the house and then the LL will make the final decision next weekend but I know it will be placed on the market due to their personal circumstances. My LL has said they will do everything they can to help me but with no deposit ot rent in advance and 3 kids there is little to no chance of finding somewhere to live.
I know nothing is written in stone but know that the house will be sold and we have made some improvements to the house so it looks really nice inside and we have looked after the house really well.
What am I to do?
Hope someone can advise?
Thanks

phil_b_2

When people come round to view the house, just tell them the neighbours are noisy as hell, that the place is freezing in the winter and remind them that houses prices could bomb in the not so distant future.
They'll never sell and you get to stay!!!

In seriousness though, it should be at least 3 months or so before anything completes, even if they get offers in the next few weeks (highly unlikely). Try not to panic.

silvercar

If you have 6 months to go on the tenancy the landlord will just have to sell it with tenants. This could reduce the achieved price, so they could decide to delay the sale.

PasturesNew

You have the right to stay at least until the end of your agreement.
You don't HAVE to allow any viewings to go on at all while you're there. You don't HAVE to allow the EA in while you're there... however, you could take the opposite track and try to be "overly helpful" to all viewers, by pointing out all the bad bits ... even inventing some.

However, the house might not have any viewers. And/or it might not sell. Anybody buying it certainly can't move in while you've still got your agreement.

The council will get their deposit back when you leave, so there might be some leverage to get another one from them for another property in the circumstances.

Bogof_Babe

You talk about "we" (have made improvements to the house, etc.) so do you have a partner who works? Obviously if so that might help your credit rating problems, if his is okay.

jojopo000

Bogof_Babe wrote: »

You talk about "we" (have made improvements to the house, etc.) so do you have a partner who works? Obviously if so that might help your credit rating problems, if his is okay.

My partner does work, as do I but both of our Credit rating is bad. The deposit the council paid was only in the form of a promise that they would pay for any damage we could of caused to the property. I am also unsure as to if my partner and I will remain together (thats another story).

Bogof_Babe

If there is a possibility of you splitting with your partner, surely that will put you close to the top of the housing list, given your young children.

Not that I'm advocating this as a solution, as obviously it is better to make a go of it together if you can, assuming he isn't behaving badly towards you or the kids.

Captain_Mainwaring_2

PasturesNew wrote: »

You have the right to stay at least until the end of your agreement.
You don't HAVE to allow any viewings to go on at all while you're there. You don't HAVE to allow the EA in while you're there... however, you could take the opposite track and try to be "overly helpful" to all viewers, by pointing out all the bad bits ... even inventing some.

However, the house might not have any viewers. And/or it might not sell. Anybody buying it certainly can't move in while you've still got your agreement.

The council will get their deposit back when you leave, so there might be some leverage to get another one from them for another property in the circumstances.

Not really true, depending on the wording of the AST. I have the right to enter with an EA by appointment for "further marketing" of the property, during the last 3 months of the agreement.

You COULD rub everyone up the wrong way when it may not be necessary. Your rights to stay until the end of the tenancy period are clear, I don't see the point in being obstructive for the sake of it. You may find that you need a reference from your last LL.

Do remember that the LL holds your deposit if you start pointing out notional bad bits - what's the point in being difficult until the LL messes you about?

jojopo000

Hi,
My lease is a AST & is half way through. The LL is selling due to major personal problems.
The lease states that I have to allow access to the Landlord, the landlords employees or agents with advance prior notice.
I have been looking around at various information but all I can find is the eviction proccess for people with rent arrears which is something we dont have.
Obviously if it is placed up for sale and having PND and the kids I need to ensure they are my first priority as my eldest son has had to move 7 times in his 8 years of life and he is easily unsettled.
Does anyone know what the process is and what I would need to do? I know I cant do much until I have the written notice in my hands but due to me being me I need to know rougly the ins and outs as at the moment I keep having panic attacks due to the uncertainty.
Thanks

Loretta

If you are going to be made homeless through no fault of your own the council will have a respoinsibility to house you, please read blue_monkey's post, she was in a similar position and kept us updated every step of the way, learning as she went along and you will find it very useful, sometimes the council need to be reminded what their responsibilities are

Good luck, keep posting and we will do what we can to help

clutton_2

Mainwaring says "" I have the right to enter with an EA by appointment for "further marketing" of the property, during the last 3 months of the agreement.""

you have no such legal right - you can write whatever you want into an AST but if any of your clause removes a persons rights under other legislation that AST clause then becomes invalid -

here your Tenant has the legally enshrined right to "quiet enjoyment" and can refuse you or any of your agents entry at any time for any reason other than an emergency (gas leak or flood, or electric danger - something of that sort) visits with EAs are not emergencies.

jo jo

what will happen is that if your landlord knows what he is doing he will issue you with a written Section 21 Notice (a 2 months notice to quit). This quitting notice cannot end before the end of your contract.

once the 2 months is up - you need not leave. the LL then has to apply for possession to the courts (this will take 1-2 months depending on how busy your local court is) The court will award him possession. You STILL do not have to leave (indeed DONT leave - as the local authority will deem you as having made your self voluntarily homeless and will not re-house you) . Then the LL has to go back to court and ask for a Bailiffs Warrant to have you evicted - (another month or so) and the Bailiffs may not arrive for a few weeks if he is busy. At that point the local authority has a statutory duty to house you but it may be in a hostel as a temporary measure.

try not to worry too much - if i was you i would politely tell the LL that viewings are not convenient.