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  • FIRST POST
    • Keto Plastics
    • By Keto Plastics 5th Jan 18, 11:15 AM
    • 44Posts
    • 9Thanks
    Keto Plastics
    Landlord selling / sold house need some legal advice
    • #1
    • 5th Jan 18, 11:15 AM
    Landlord selling / sold house need some legal advice 5th Jan 18 at 11:15 AM
    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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Page 6
    • Comms69
    • By Comms69 10th Jan 18, 4:33 PM
    • 2,970 Posts
    • 2,939 Thanks
    Comms69
    Sorry to say this but if I was a LL and I had the best tenant in the world who gave me no issues at all, then I still wouldn't release their deposit until they had vacated the property.
    Originally posted by PersianCatLady


    But if you needed the tenant to move out so your sale could go ahead....
    • PersianCatLady
    • By PersianCatLady 10th Jan 18, 4:35 PM
    • 456 Posts
    • 412 Thanks
    PersianCatLady
    Yep, that's correct.
    Originally posted by Slithery
    Thank you for clarifying that.

    May I ask, what is to stop a tenant from saying that they didn't receive a S21 or received it much later than they did?

    (I know I sound stupid but I genuinely want to understand this issue once and for all because you won't believe the number of times that this would have been useful to know)
    • FBaby
    • By FBaby 10th Jan 18, 4:38 PM
    • 16,726 Posts
    • 41,341 Thanks
    FBaby
    and it is due to them and a few people here that lets Me know the S21 is most likely invalid
    What do you mean by 'most likely'? If I were you, I would want to be sure considering the risk you want to take going to court.
    • Comms69
    • By Comms69 10th Jan 18, 4:44 PM
    • 2,970 Posts
    • 2,939 Thanks
    Comms69
    Thank you for clarifying that.

    May I ask, what is to stop a tenant from saying that they didn't receive a S21 or received it much later than they did?

    (I know I sound stupid but I genuinely want to understand this issue once and for all because you won't believe the number of times that this would have been useful to know)
    Originally posted by PersianCatLady
    Notice is considered served 2 days after posting if using 1st class post.
    • Slithery
    • By Slithery 10th Jan 18, 4:49 PM
    • 725 Posts
    • 1,132 Thanks
    Slithery
    You ask for proof of posting at the post office when sending the letter. It is then legally defined as served two days later (1st class).
    • PersianCatLady
    • By PersianCatLady 10th Jan 18, 4:53 PM
    • 456 Posts
    • 412 Thanks
    PersianCatLady
    You ask for proof of posting at the post office when sending the letter. It is then legally defined as served two days later (1st class).
    Originally posted by Slithery
    Thanks Slithery.

    So, in this case if the S21 had stated the "leaving date" as 7 March then it would be valid??
    • Slithery
    • By Slithery 10th Jan 18, 4:58 PM
    • 725 Posts
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    Slithery
    Yes, I believe so.
    • PersianCatLady
    • By PersianCatLady 10th Jan 18, 5:11 PM
    • 456 Posts
    • 412 Thanks
    PersianCatLady
    Yes, I believe so.
    Originally posted by Slithery
    Thanks, again.

    You would have thought that even if a LL didn't know the importance of getting the S21 correct, then the LA would.
    • Slithery
    • By Slithery 10th Jan 18, 5:21 PM
    • 725 Posts
    • 1,132 Thanks
    Slithery
    You would have thought that even if a LL didn't know the importance of getting the S21 correct, then the LA would.
    Originally posted by PersianCatLady
    No, you really wouldn't. You're assuming that LA's have some sort of training/qualifications but this isn't the case, you need absolutely no qualifications to become an LA, all responsibility falls on the landlord.
    • PersianCatLady
    • By PersianCatLady 10th Jan 18, 5:21 PM
    • 456 Posts
    • 412 Thanks
    PersianCatLady
    But if you needed the tenant to move out so your sale could go ahead....
    Originally posted by Comms69
    Good point there.

    I think I would offer the tenant a decent sum for the kitchen (enough for a deposit on a new place) and then I would return their deposit in full after they had vacated the property.
    • Keto Plastics
    • By Keto Plastics 10th Jan 18, 5:28 PM
    • 44 Posts
    • 9 Thanks
    Keto Plastics
    What do you mean by 'most likely'? If I were you, I would want to be sure considering the risk you want to take going to court.
    Originally posted by FBaby
    From what I know and from what people have said here it is definitely 100% invalid
    I stated most likely because who knows what the judge will say on the day of court, they might think otherwise
    I doubt they will say it is valid but who knows stranger things have happened
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    • Keto Plastics
    • By Keto Plastics 10th Jan 18, 5:30 PM
    • 44 Posts
    • 9 Thanks
    Keto Plastics
    Good point there.

    I think I would offer the tenant a decent sum for the kitchen (enough for a deposit on a new place) and then I would return their deposit in full after they had vacated the property.
    Originally posted by PersianCatLady
    If only You was My current Landlord lol

    Would love to have a fair decent LL
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
    • PersianCatLady
    • By PersianCatLady 10th Jan 18, 5:39 PM
    • 456 Posts
    • 412 Thanks
    PersianCatLady
    No, you really wouldn't. You're assuming that LA's have some sort of training/qualifications but this isn't the case, you need absolutely no qualifications to become an LA, all responsibility falls on the landlord.
    Originally posted by Slithery
    I knew about not needing any qualifications to become an LA but even so I can't imagine that many LLs would be very happy paying for an agent to produce invalid documents.
    • PersianCatLady
    • By PersianCatLady 10th Jan 18, 8:21 PM
    • 456 Posts
    • 412 Thanks
    PersianCatLady
    If only You was My current Landlord lol

    Would love to have a fair decent LL
    Originally posted by Keto Plastics
    I would only do that to get rid of you quickly (no offence) in order to stop the house sale falling through.

    I think your LL thought that he would send the S21, turn up on 5 March and wave you goodbye.

    I don't know about your LL but it is shocking how many people refer to and think of S21 / Form 6A as "eviction notices".

    I have honestly lost count of the number of times I have heard friends say "we have to leave by so and so".

    Things is, where I live there are so many more people looking for rental properties than there are to rent so LLs are very choosy about their tenants and good references make all the difference.

    Not many LLs would choose a tenant with a bad or no reference over someone with a good reference.
    • Keto Plastics
    • By Keto Plastics 10th Jan 18, 10:32 PM
    • 44 Posts
    • 9 Thanks
    Keto Plastics
    I would only do that to get rid of you quickly (no offence) in order to stop the house sale falling through.

    I think your LL thought that he would send the S21, turn up on 5 March and wave you goodbye.

    I don't know about your LL but it is shocking how many people refer to and think of S21 / Form 6A as "eviction notices".

    I have honestly lost count of the number of times I have heard friends say "we have to leave by so and so".

    Things is, where I live there are so many more people looking for rental properties than there are to rent so LLs are very choosy about their tenants and good references make all the difference.

    Not many LLs would choose a tenant with a bad or no reference over someone with a good reference.
    Originally posted by PersianCatLady
    None taken... I would also do the same / similar for a smooth sale of the house, in my opinion a small investment like that would go a long way to making sure the sale completed and more than worth it

    Yes I reckon that is what they think that they will wave Me goodbye on that day

    There is so many people and so few houses due to the lack of HA / council housing nowadays makes it a lot harder to find one, let alone a decent one
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    • PersianCatLady
    • By PersianCatLady 10th Jan 18, 11:09 PM
    • 456 Posts
    • 412 Thanks
    PersianCatLady
    None taken... I would also do the same / similar for a smooth sale of the house, in my opinion a small investment like that would go a long way to making sure the sale completed and more than worth it

    Yes I reckon that is what they think that they will wave Me goodbye on that day

    There is so many people and so few houses due to the lack of HA / council housing nowadays makes it a lot harder to find one, let alone a decent one
    Originally posted by Keto Plastics
    I know what you are saying about renting properties.

    Where I live there are far more people looking for rental properties than there are properties.

    A lot of LLs won't accept HB / LHA or children and strangely enough a lot of the LLs at the lower end of the market are the ones who won't accept HB / LHA.

    Last year I helped to do a presentation about this exact issue at a local forum.

    Long story short, in my area LHA (2 bedroom rate) is around £650 a month so I went onto Rightmove and selected all rental proerties with 2 bedrooms in the town.

    I then out them into price order, lowest first.

    Out of 23 properties, only one was at LHA rate @ £650 pcm but no kids & no LHA

    The next 7 were @ £750 pcm but only two didn't specifically state no kids or no LHA.

    The rest went from £800 right up to £2,500 (I know, ridiculous)

    So basically even if someone could get a 2 bedroom property @ £750 that accepted kids and LHA, they would still be expected to pay a top-up of £100 a month. Not easy if you are on JSA with maybe one child getting CB and CTC.

    (Forgot to say, example assumes full LHA entitlement due to only having benefits as income)

    I came back to see what happened to these two "cheaper" properties the next day and they had been let. Just like that.

    Sorry, I went on a bit there but I just wanted you to know that I totally understand just how ridiculous the private rental situation is in this country right now.

    Ignore if this bit is too personal or the most stupid thing you have ever heard but is there any way that you could increase your income so that you have more options??
    • Keto Plastics
    • By Keto Plastics 11th Jan 18, 6:49 AM
    • 44 Posts
    • 9 Thanks
    Keto Plastics
    I know what you are saying about renting properties.

    Where I live there are far more people looking for rental properties than there are properties.

    A lot of LLs won't accept HB / LHA or children and strangely enough a lot of the LLs at the lower end of the market are the ones who won't accept HB / LHA.

    Last year I helped to do a presentation about this exact issue at a local forum.

    Long story short, in my area LHA (2 bedroom rate) is around £650 a month so I went onto Rightmove and selected all rental proerties with 2 bedrooms in the town.

    I then out them into price order, lowest first.

    Out of 23 properties, only one was at LHA rate @ £650 pcm but no kids & no LHA

    The next 7 were @ £750 pcm but only two didn't specifically state no kids or no LHA.

    The rest went from £800 right up to £2,500 (I know, ridiculous)

    So basically even if someone could get a 2 bedroom property @ £750 that accepted kids and LHA, they would still be expected to pay a top-up of £100 a month. Not easy if you are on JSA with maybe one child getting CB and CTC.

    (Forgot to say, example assumes full LHA entitlement due to only having benefits as income)

    I came back to see what happened to these two "cheaper" properties the next day and they had been let. Just like that.

    Sorry, I went on a bit there but I just wanted you to know that I totally understand just how ridiculous the private rental situation is in this country right now.

    Ignore if this bit is too personal or the most stupid thing you have ever heard but is there any way that you could increase your income so that you have more options??
    Originally posted by PersianCatLady
    Currently trying to do that
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