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Landlord selling / sold house need some legal advice

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Keto_Plastics
Keto_Plastics Posts: 45 Forumite
in House buying, renting & selling
Hi All

Need some advice as been informed today via phone call that the Landlord has sold the house and wants Me to move out in two months time because the new owners want possession (the estate agent said they are sending out the paperwork tomorrow, section 21 I assume)

What I need to know is what My legal rights are under the circumstances
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  • m0bov
    m0bov Posts: 2,524 Forumite
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    Is your deposit protected? What sort of contract are you on? Do you have a UK address for the purpose of serving notice?

    Check all the dates and the S21 is valid when you get it, then start looking for a new home.
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    Keto_Plastics wrote: »
    Hi All

    Need some advice as been informed today via phone call that the Landlord has sold the house and wants Me to move out in two months time because the new owners want possession (the estate agent said they are sending out the paperwork tomorrow, section 21 I assume)

    What I need to know is what My legal rights are under the circumstances

    The short answer is you are not obliged to move out.


    m0bov's questions will help to indicate the length of time eviction would take, but certainly more than 2 months is guaranteed (E&W avg is 40 weeks total)


    The best position is to negotiate a surrender where the LL will cover moving costs.
  • Keto_Plastics
    Keto_Plastics Posts: 45 Forumite
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    Yes deposit is protected but they will not give that back until after moved out and they want proof that all bills are paid for the property before they will release it (no matter what the condition of house is in)

    Used to be on a 6 month AST, now it is a rolling contract
    The address they want Me to move out of is the only address I have

    What would invalidate a section 21 ?
    Cannot start looking for a new home as all the money I have is tied up (in deposit) and been used up in this current property (fitted new kitchen with LL's consent not long back thinking I was staying here)
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  • Comms69
    Comms69 Posts: 14,229 Forumite
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    Keto_Plastics wrote: »
    Yes deposit is protected but they will not give that back until after moved out and they want proof that all bills are paid for the property before they will release it (no matter what the condition of house is in) - No obligation to provide this.

    Used to be on a 6 month AST, now it is a rolling contract
    The address they want Me to move out of is the only address I have

    What would invalidate a section 21 ?
    Cannot start looking for a new home as all the money I have is tied up (in deposit) and been used up in this current property (fitted new kitchen with LL's consent not long back thinking I was staying here)



    fitting a new kitchen was very silly.
  • aneary
    aneary Posts: 921 Forumite
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    Keto_Plastics wrote: »
    Used to be on a 6 month AST, now it is a rolling contract
    (fitted new kitchen with LL's consent not long back thinking I was staying here)

    You fitted a new kitchen whilst on a rolling contract are you wise.
  • Keto_Plastics
    Keto_Plastics Posts: 45 Forumite
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    When moved into the property it desperately needed it as there had been / was rats (which I had to get rid of) at the property and the kitchen cupboards was unusable just opening them up left You feeling sick by the smell (and that was after using pure bleach on them )

    And yes in hindsight it was not wise but as I said not much choice
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  • saajan_12
    saajan_12 Posts: 3,621 Forumite
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    If/when you receive the Section 21 notice, check its valid. The big things seem fine (deposit protected, not served in first 4 months) so it would only be if theres a typo / issue with dates. The notice should be served 2 CALENDAR months before expiry.

    You don't HAVE to leave by the expiry date, in fact you have until the landlord gets a possession order from the court, waits for the possession date and then gets bailiffs to physically remove you. However
    a. You will have to move eventually, incurring new tenancy fees etc
    b. All the court & bailiff costs can be passed on to the tenant
    c. You'll have even less notice of the precise leaving date if waiting for bailiffs, so think of costs of removals, rent overlap, time off work to move..

    Instead, I'd try to save up as much as possible now, and see if you can find a new property in the next two months with minimal fees e.g. where the landlord deals directly. Speak to the current landlord to see if you can mutually agree a surrender date to give you minimal overlap, avoid court costs etc.
  • Cheeky_Monkey
    Cheeky_Monkey Posts: 2,072 Forumite
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    Just out of interest, were you present for the viewings?
  • Keto_Plastics
    Keto_Plastics Posts: 45 Forumite
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    Yes I was

    I was told there was 1 viewing set for a specific day and when that day came there was a load of people outside the house knocking on the door / ringing the bell etc
    They arranged for more than one viewing to take place at the same time
    People walking around all over the house unsupervised by the agent
    I was not impressed or happy about it
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  • G_M
    G_M Posts: 51,977 Forumite
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    edited 5 January 2018 at 2:30PM
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    OK - there are a multitude of reasons why a S21 may not be valid. So check it carefully against this questionaire:

    S21 checklist (Is a S21 valid?)

    If it IS valid, you still don't have tto leave after it expires. It does not end your tenancy. It simply allows the landlord to apply to a court to end the tenancy, which can take several weeks/months (though you may end up paying those court costs).

    The landlord would be unwise to exchange contracts on his sale until you have left, as he cannot guarantee when you will leave so cannot guarantee giving his buyer vacant possession.
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