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    • joehfax
    • By joehfax 16th May 18, 3:27 PM
    • 25Posts
    • 16Thanks
    joehfax
    Tenancy ending nowhere to go, advice please
    • #1
    • 16th May 18, 3:27 PM
    Tenancy ending nowhere to go, advice please 16th May 18 at 3:27 PM
    Hi, thanks for looking

    I'm sure this will divide opinion but I am looking for advice into our situation. Myself, my partner and our 7year old daughter are currently living in a private rented house, been here for 7 and a half years, our LL sent someone round a few months back to value the house for "insurance purposes". This didn't fool us so we had a talk and decided it was time to start looking into buying a house of our own. As we thought a couple of weeks after the "insurance" guy came round we got a letter giving us notice that the LL wanted us to leave the property by the 30th of June, we were on a rolling contract and the letter was sent giving us 11 weeks notice.

    So we have been looking at houses to buy and also houses to rent, but nothing is coming up that we like on the buying side and any that come up for rent are saying no pets allowed, we have a dog.

    We rang the letting agent to see if we could have an extension but the LL has said no. So if we can't find anything we will have to choose between staying here and facing bailiffs or living in a tent somewhere. If we stay will bailiff action count against us in terms of getting a mortgage?

    To all LL out there who are probably going to say it's the LL house give it them back, I am not going to effectively make my daughter homeless just because our LL wants there house back.

    Anyway thanks for reading, any and all advice will be appreciated.
Page 1
    • Pixie5740
    • By Pixie5740 16th May 18, 3:31 PM
    • 13,288 Posts
    • 19,120 Thanks
    Pixie5740
    • #2
    • 16th May 18, 3:31 PM
    • #2
    • 16th May 18, 3:31 PM
    Hi, thanks for looking

    I'm sure this will divide opinion but I am looking for advice into our situation. Myself, my partner and our 7year old daughter are currently living in a private rented house, been here for 7 and a half years, our LL sent someone round a few months back to value the house for "insurance purposes". This didn't fool us so we had a talk and decided it was time to start looking into buying a house of our own. As we thought a couple of weeks after the "insurance" guy came round we got a letter giving us notice that the LL wanted us to leave the property by the 30th of June, we were on a rolling contract and the letter was sent giving us 11 weeks notice.

    So we have been looking at houses to buy and also houses to rent, but nothing is coming up that we like on the buying side and any that come up for rent are saying no pets allowed, we have a dog.

    We rang the letting agent to see if we could have an extension but the LL has said no. So if we can't find anything we will have to choose between staying here and facing bailiffs or living in a tent somewhere. If we stay will bailiff action count against us in terms of getting a mortgage?

    To all LL out there who are probably going to say it's the LL house give it them back, I am not going to effectively make my daughter homeless just because our LL wants there house back.

    Anyway thanks for reading, any and all advice will be appreciated.
    Originally posted by joehfax
    Can you confirm this is in England or Wales? When you say you weren't sent a letter was it just a letter or was it a Section 21 notice? What kind of periodic tenancy do you have, statutory or contractual?

    Do not panic. You do not have to leave 30th June and no being removed from the property by bailiffs will not affect your ability to get a mortgage. Not paying the court fees might though so if things get that far make sure you do.

    Read G_M's Guide to Ending/Renewing an AST for more information.
    • joehfax
    • By joehfax 16th May 18, 3:47 PM
    • 25 Posts
    • 16 Thanks
    joehfax
    • #3
    • 16th May 18, 3:47 PM
    • #3
    • 16th May 18, 3:47 PM
    Hi Thanks for your reply, we are in England and the letter was a section 21 notice, I'm not sure if it's a contractual or statutory period tenancy, what is the difference?

    Thanks again.
    • Fosterdog
    • By Fosterdog 16th May 18, 4:26 PM
    • 4,050 Posts
    • 6,992 Thanks
    Fosterdog
    • #4
    • 16th May 18, 4:26 PM
    • #4
    • 16th May 18, 4:26 PM
    If you like the house and are ready to buy have you considered making an offer to the landlord?
    • Soot2006
    • By Soot2006 16th May 18, 4:41 PM
    • 1,293 Posts
    • 1,336 Thanks
    Soot2006
    • #5
    • 16th May 18, 4:41 PM
    • #5
    • 16th May 18, 4:41 PM
    Re "no pets" ; this can often be negotiable with extra pet deposit + a reference from your LL to confirm that dog doesn't mess/destroy the house, so don't necessarily give up without trying on those houses.
    • fairy lights
    • By fairy lights 16th May 18, 4:51 PM
    • 8,634 Posts
    • 28,745 Thanks
    fairy lights
    • #6
    • 16th May 18, 4:51 PM
    • #6
    • 16th May 18, 4:51 PM
    So if we can't find anything we will have to choose between staying here and facing bailiffs or living in a tent somewhere.
    Originally posted by joehfax
    Bit melodramatic there, you're not going to end up living in a tent. I f your landlord wants the property back he can't just send bailiffs round, he would have to take you to court to get possession first.
    If you've got enough savings for a deposit on a house you could consider offering 6 months rent up front/a large pet deposit to get around the dog issue?
    • theartfullodger
    • By theartfullodger 16th May 18, 4:59 PM
    • 9,923 Posts
    • 13,506 Thanks
    theartfullodger
    • #7
    • 16th May 18, 4:59 PM
    • #7
    • 16th May 18, 4:59 PM
    Hi Thanks for your reply, we are in England and the letter was a section 21 notice, I'm not sure if it's a contractual or statutory period tenancy, what is the difference?

    Thanks again.
    Originally posted by joehfax
    An s21 notice does not end a tenancy nor require tenant to leave: If merely, on expiry & if valid (many are not - check it against...
    https://markprichard.co.uk/content/documents/180408-Section-21-checker-tool.pdf

    )
    - permits landlord to start court eviction process:



    Takes months... If notice invalid DO NOT TELL LANDLORD!! That will merely get a correct notice quicker...



    Don't panic, you've way way more time. Perhaps landlord would wish to "encourage" you to go by some particular date, for lots of . I'd want 5k+
    • deannatrois
    • By deannatrois 16th May 18, 5:00 PM
    • 5,704 Posts
    • 7,993 Thanks
    deannatrois
    • #8
    • 16th May 18, 5:00 PM
    • #8
    • 16th May 18, 5:00 PM
    Or try Openrent. My ex couldn't even get LA's to register him as a prospective tenant when he tried to register with them. Used Openrent and out of three properties he looked at, he was offered 2. He had two dogs. It seems LA's just say no, meeting a LL face to face, they don't use the same formulae.
    • joehfax
    • By joehfax 16th May 18, 5:45 PM
    • 25 Posts
    • 16 Thanks
    joehfax
    • #9
    • 16th May 18, 5:45 PM
    • #9
    • 16th May 18, 5:45 PM
    If you like the house and are ready to buy have you considered making an offer to the landlord?
    Originally posted by Fosterdog
    Hi Thanks for your reply, although the house is fine to live in it is only a 2 bed property and we will need more than this hopefully in the next year or 2, and wouldn't want to use the stamp duty exemption as FTB only to move in a couple of years.
    • joehfax
    • By joehfax 16th May 18, 5:47 PM
    • 25 Posts
    • 16 Thanks
    joehfax
    Re "no pets" ; this can often be negotiable with extra pet deposit + a reference from your LL to confirm that dog doesn't mess/destroy the house, so don't necessarily give up without trying on those houses.
    Originally posted by Soot2006
    Hi Thanks for your reply, we have asked a few times but always been told no, but will keep asking.
    • joehfax
    • By joehfax 16th May 18, 5:50 PM
    • 25 Posts
    • 16 Thanks
    joehfax
    Bit melodramatic there, you're not going to end up living in a tent. I f your landlord wants the property back he can't just send bailiffs round, he would have to take you to court to get possession first.
    If you've got enough savings for a deposit on a house you could consider offering 6 months rent up front/a large pet deposit to get around the dog issue?
    Originally posted by fairy lights
    Thanks for your reply, yes this was an attempt at humour it's my way of dealing with stress lol, our deposit is locked up in 2 Life time ISA's but could and have offered a pet deposit.
    • joehfax
    • By joehfax 16th May 18, 5:53 PM
    • 25 Posts
    • 16 Thanks
    joehfax
    An s21 notice does not end a tenancy nor require tenant to leave: If merely, on expiry & if valid (many are not - check it against...
    https://markprichard.co.uk/content/documents/180408-Section-21-checker-tool.pdf

    )
    - permits landlord to start court eviction process:


    Takes months... If notice invalid DO NOT TELL LANDLORD!! That will merely get a correct notice quicker...



    Don't panic, you've way way more time. Perhaps landlord would wish to "encourage" you to go by some particular date, for lots of . I'd want 5k+
    Originally posted by theartfullodger
    Thanks for your reply, we are not really interested in getting money out of the LL we just want a place to stay till we find somewhere else. Thanks for your advice re evictions.
    • joehfax
    • By joehfax 16th May 18, 5:55 PM
    • 25 Posts
    • 16 Thanks
    joehfax
    Or try Openrent. My ex couldn't even get LA's to register him as a prospective tenant when he tried to register with them. Used Openrent and out of three properties he looked at, he was offered 2. He had two dogs. It seems LA's just say no, meeting a LL face to face, they don't use the same formulae.
    Originally posted by deannatrois
    Thanks for pointing openrent out, I hadn't heard of this before. I will keep an eye on this.
    • Pixie5740
    • By Pixie5740 16th May 18, 6:00 PM
    • 13,288 Posts
    • 19,120 Thanks
    Pixie5740
    Hi Thanks for your reply, we are in England and the letter was a section 21 notice, I'm not sure if it's a contractual or statutory period tenancy, what is the difference?

    Thanks again.
    Originally posted by joehfax
    Please do take the time to read the information in the link I provided as it explains the difference and the notice required for each.
    • faerielight
    • By faerielight 16th May 18, 8:31 PM
    • 1,757 Posts
    • 3,183 Thanks
    faerielight
    Just want to say I feel for you, I'm in the same boat with an eviction, it's extremely stressful and scary. It wrecks your sense of security. I'm sure you will find a rental that takes a dog eventually, though, even if you have to pay extra deposit to cover any damage. I have cats and I've never declared it to LL but cat's arn't as noisy as dogs.
    Many thanks to all who contribute on MSE
    • Red-Squirrel
    • By Red-Squirrel 16th May 18, 9:55 PM
    • 3,602 Posts
    • 9,641 Thanks
    Red-Squirrel
    Have you considered just not telling landlords/agents about the dog? You aren't looking for somewhere you want to live for many years, a 6-12 month tenancy should be long enough for you to find somewhere more suitable and permanent.
    • wesleyad
    • By wesleyad 17th May 18, 12:08 AM
    • 339 Posts
    • 286 Thanks
    wesleyad
    There's another thread about dogs currently active which might help. My advice in there is gumtree (as well as the other alternatives suggested here). I've moved a lot last 10 years and never had a problem with 2 large collies, obviously it narrows your options somewhat and you may need a bigger deposit.
    • joehfax
    • By joehfax 17th May 18, 12:24 AM
    • 25 Posts
    • 16 Thanks
    joehfax
    Just want to say I feel for you, I'm in the same boat with an eviction, it's extremely stressful and scary. It wrecks your sense of security. I'm sure you will find a rental that takes a dog eventually, though, even if you have to pay extra deposit to cover any damage. I have cats and I've never declared it to LL but cat's arn't as noisy as dogs.
    Originally posted by faerielight
    Thanks for your comment, yeah it's getting pretty stressful tbh but we are trying to keep calm, like you say our sense of security has been ripped up.
    • joehfax
    • By joehfax 17th May 18, 12:27 AM
    • 25 Posts
    • 16 Thanks
    joehfax
    Have you considered just not telling landlords/agents about the dog? You aren't looking for somewhere you want to live for many years, a 6-12 month tenancy should be long enough for you to find somewhere more suitable and permanent.
    Originally posted by Red-Squirrel
    Hi Thanks, my gf did suggest we not tell anyone about our dog, like you say we would be hoping we would only be renting for another 6 months, I don't want to be dishonest but if push comes to shove we might have to do that, and face the consequences if and when we are found out.
    • Red-Squirrel
    • By Red-Squirrel 17th May 18, 6:53 AM
    • 3,602 Posts
    • 9,641 Thanks
    Red-Squirrel
    Hi Thanks, my gf did suggest we not tell anyone about our dog, like you say we would be hoping we would only be renting for another 6 months, I don't want to be dishonest but if push comes to shove we might have to do that, and face the consequences if and when we are found out.
    Originally posted by joehfax
    I don't think there'd be many consequences to be honest, if your dog didn't cause any damage what could they be?

    The tide is turning against landlords who try to stop people treating the houses they rent as homes, I wouldn't feel any guilt at all.
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