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Should I stay or should I go?

I would be hugely grateful for any advice on the following problem.

I live with my two children in a private rented house. We've been here for 5 years with no problems. I'm a lone parent who works full time but on a low income. I claim certain benefits, HB, WTC, CTC.

My tenancy ends on 31st March and I am due to move into a property that I used to live in. I'll be renting it. However, the current tenants on the property cannot leave until 3 weeks after my tenancy ends and I have nowhere else to go now until they leave.

My landlord put this house up for sale 6 months ago but couldn't find a buyer. He recently part-exchanged it for a new build house, and the builder has told him they expect vacant possession by the 1st April in order to complete their purchase. Naturally, I'm devastated and so is my landlord that the dates aren't tying in now. My landlord rents a property but his tenancy ends at the same time as mine. If I don't leave on 31/3 then they are homeless for potentially 3 weeks. The same applies to me if I leave. I have nowhere to go as I have no family in the area so I'm feeling very vulnerable at the moment.

My landlord is furious with me, quite naturally, but my hands are tied until the other house is vacated. If I don't leave they are well within their rights to serve a section 21. This is such a horrid situation. I wanted to leave with absolutely no problems at all and the thought of being issued with a section 21 terrifies me, but the thought of making myself and my children homeless terrifies me even more.

They wrote a formal email to me last night saying that my request to stay until mid April has been turned down and they require me to vacate by the end of the tenancy agreement as they have now sold it to the part-exchange builder. I hadn't requested this date, I told my landlord on the phone that there is a potential hitch with the date to leave which I am trying to get sorted out.

Thank you in advance for any advice.
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  • Comms69
    Comms69 Posts: 14,229
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    Anna1965 wrote: »
    I would be hugely grateful for any advice on the following problem.

    I live with my two children in a private rented house. We've been here for 5 years with no problems. I'm a lone parent who works full time but on a low income. I claim certain benefits, HB, WTC, CTC.

    My tenancy ends on 31st March and I am due to move into a property that I used to live in. I'll be renting it. However, the current tenants on the property cannot leave until 3 weeks after my tenancy ends and I have nowhere else to go now until they leave.

    My landlord put this house up for sale 6 months ago but couldn't find a buyer. He recently part-exchanged it for a new build house, and the builder has told him they expect vacant possession by the 1st April in order to complete their purchase. - the landlord is in deep do do then isn't he Naturally, I'm devastated and so is my landlord that the dates aren't tying in now. My landlord rents a property but his tenancy ends at the same time as mine. If I don't leave on 31/3 then they are homeless for potentially 3 weeks. - not sure how that's your problem? The same applies to me if I leave. I have nowhere to go as I have no family in the area so I'm feeling very vulnerable at the moment. - why?

    My landlord is furious with me, quite naturally, but my hands are tied until the other house is vacated. - indeed, his problem, not yours If I don't leave they are well within their rights to serve a section 21. -yes, and that would be pointless because you would be out before the notice is up, yet alone before they evict. This is such a horrid situation. I wanted to leave with absolutely no problems at all and the thought of being issued with a section 21 terrifies me - why? It's a piece of paper... , but the thought of making myself and my children homeless terrifies me even more.

    They wrote a formal email to me last night saying that my request to stay until mid April has been turned down and they require me to vacate by the end of the tenancy agreement as they have now sold it to the part-exchange builder. - i'll repeat, their problem, not yours. I hadn't requested this date, I told my landlord on the phone that there is a potential hitch with the date to leave which I am trying to get sorted out.

    Thank you in advance for any advice.


    My advice is to ignore the LL, it's his problem, not yours.
  • G_M
    G_M Posts: 51,977
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    edited 19 February 2019 at 11:07AM
    Your landlord cannot force you to leave.Only a court can do that, after the LL has been through the correct legal process.

    Which will take more than the 3 weeks you need.

    Understandably the LLis unhappy, but he is a landlord - dealing with the end of tenancies is part of his busines.

    Someone in this is going to suffer housing-wise; it need not be you.


    For more on how a tenancy is ended, see


    * Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?
  • CarrieVS
    CarrieVS Posts: 205
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    edited 19 February 2019 at 11:21AM
    You understandably don't want to screw up your landlord's house sale, but frankly he's opened himself to that risk if he exchanged contracts without already having vacant possession. You're doing all you can to get out as soon as possible, short of leaving yourself and two children without a roof over their heads. All your landlord can do is serve an S21 - you'll be out before he even gets to start court proceedings.

    But, you don't want to screw things up for him, because you're a good person and/or you don't want him mad at you. So maybe, if you want to be generous, you could think about offering him the opportunity to save his completion date by paying you the costs of an airbnb or holiday let for three weeks, plus storing your possessions if needed.

    I know it would be stressful to have to move twice and look after kids in temporary accommodation but it's an option if you'd prefer it to sitting tight and letting your landlord take the consequences of his decision to sell without vacant possession.
  • Pixie5740
    Pixie5740 Posts: 14,515
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    How is your tenancy ending 31st March? I presume you haven't served notice to end your tenancy then and if your landlord hasn't even served a Section 21 yet there can't be a possession order for 31st March either. Is it just the fixed term that is ended? If your landlord thinks that means the tenancy ends then your landlord is a fool.

    I'd say your landlord has cocked up big time here and if he wants you out 31st March then he is going to have to give you one hell on an incentive to leave - giving you enough money to cover temporary accommodation until you can move into your new home for example - because it's either that or fail to complete the purchase of his new home.

    How confident are you that the tenants in the property you will be moving to are going to vacate in April? How has their tenancy been ended?
  • Thank you so much for your replies, it makes it easier knowing that someone is listening. There are a few areas you've all raised which I didn't know about. The S21 seems a little less scary and the option of asking the LL to pay for accommodation in the interim is something I would never have thought of. I don't know if I have the nerve to do that, but my protecting my children has to come first.

    Pixie5740 - yes, it's just the fixed term that will end on 31st March. The LL wrote to me in August 2018 to say that they wouldn't be renewing the tenancy and that I should find alternative accommodation. They've been good in giving me plenty of notice, but finding a house on my income is so hard. I am fairly confident that the tenants in the other property will vacate, but I now realise that nothing is for certain, and I shouldn't count on that happening. If I leave here and the other house falls through then I'm completely stuck. This is why I'm reluctant to move until the house is vacated. This is such an awful situation.

    To everyone - If I get a section 21 then surely I'll never be able to rent again? A private LL wouldn't touch me with a barge pole.
  • Comms69
    Comms69 Posts: 14,229
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    Anna1965 wrote: »
    Thank you so much for your replies, it makes it easier knowing that someone is listening. There are a few areas you've all raised which I didn't know about. The S21 seems a little less scary and the option of asking the LL to pay for accommodation in the interim is something I would never have thought of. I don't know if I have the nerve to do that, but my protecting my children has to come first.

    Pixie5740 - yes, it's just the fixed term that will end on 31st March. The LL wrote to me in August 2018 to say that they wouldn't be renewing the tenancy and that I should find alternative accommodation. They've been good in giving me plenty of notice, but finding a house on my income is so hard. I am fairly confident that the tenants in the other property will vacate, but I now realise that nothing is for certain, and I shouldn't count on that happening. If I leave here and the other house falls through then I'm completely stuck. This is why I'm reluctant to move until the house is vacated. This is such an awful situation.

    To everyone - If I get a section 21 then surely I'll never be able to rent again? A private LL wouldn't touch me with a barge pole.
    No, a s.21 notice is a piece of paper.


    Additionally these are not recorded anywhere anyway.
  • Pixie I re-read what you said about the fixed term ending. Yes, the LL wrote in August of last year to tell me he wouldn't be renewing the tenancy. That would be classed as notice I think. So he'll apply now for his S21 on me to get me removed I guess. Would that go through by the 31st March?

    I'm sorry if I'm sounding a bit incoherent, but this has knocked me sideways.
  • Comms69
    Comms69 Posts: 14,229
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    Anna1965 wrote: »
    Pixie I re-read what you said about the fixed term ending. Yes, the LL wrote in August of last year to tell me he wouldn't be renewing the tenancy. That would be classed as notice I think. - No it's classes as the sweet sum of... nothing. So he'll apply now for his S21 on me to get me removed I guess. Would that go through by the 31st March?

    I'm sorry if I'm sounding a bit incoherent, but this has knocked me sideways.



    Stop!


    A s.21 notice is a specific form, served in paper to you at your address.


    It means that 2 months from that point the landlord can choose to go to court.


    Which takes on average 6 weeks.


    Then, assuming the notice is valid (and actually a huge percentage are not); the court makes a possession order, with 14 days typically to comply.


    If you don't the landlord asks the court to allow bailiffs to remove you, again this takes around 6 weeks.


    in total the process takes 6 months(or longer).


    Relax and read what you're being told :)
  • Thank Goodness for that!

    Do you think my best option would be to stay here until I move? The tenants of the house I move to have been served notice, but I know very well now that is never set in stone. If I leave and the other house falls through, I'm in a mess, as well as my LL.

    I'm trying so hard for my children. My eldest child is in the middle of A level studies so I'm trying to keep everything as normal as I possibly can.
  • Anna1965 wrote: »
    He recently part-exchanged it for a new build house, and the builder has told him they expect vacant possession by the 1st April in order to complete their purchase.

    Hi there, I really feel for you, this is a difficult situation.

    You say that the builder has given a date that they expect vacant possession, but do you know if contracts have been exchanged? New builds are notorious for not being ready on time, so unless it is finished already, I would be surprised if the builder would commit to a date with another 6 weeks to go ?????
    Proud to be debt-free 30/6/2020

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