Legal advice - Section 21 eviction notice
Discussion
Hi,
I'm hoping someone might be able to help me out with some legal advice.
My wife and I have been renting a property since June 2018. Around a year after we moved in our contract changed to a rolling monthly contract. We have been looking to purchase our first house since last year, but unfortunately the banks pulled the mortgage product we needed and they only came back again this year, by which time the housing market has gone crazy.
On the 12th of May, we received an email from the lettings agent containing a Section 21 notice of eviction and asking us to vacate the property by November. As we have contact details for the landlord, we rang her and explained that we were in the process of finding a house and asked whether they could put back the deadline a little longer in case the house buying process took longer. She agreed and a date of March next year was chosen.
Fast forward to this Wednesday (16th of June) and we have received an email from the lettings agent telling us that the landlord will only rescind the eviction notice if we sign a 6 or 12 months contract.
I rang the landlord again to explain our situation but she is adamant that we sign a contract or get out as originally asked. The two things seems diametrically opposed to me as it will be much harder for us to move out if we are perpetually in a contract.
We are looking for a house as quickly as possible but the process takes time.
Please help!!
I'm hoping someone might be able to help me out with some legal advice.
My wife and I have been renting a property since June 2018. Around a year after we moved in our contract changed to a rolling monthly contract. We have been looking to purchase our first house since last year, but unfortunately the banks pulled the mortgage product we needed and they only came back again this year, by which time the housing market has gone crazy.
On the 12th of May, we received an email from the lettings agent containing a Section 21 notice of eviction and asking us to vacate the property by November. As we have contact details for the landlord, we rang her and explained that we were in the process of finding a house and asked whether they could put back the deadline a little longer in case the house buying process took longer. She agreed and a date of March next year was chosen.
Fast forward to this Wednesday (16th of June) and we have received an email from the lettings agent telling us that the landlord will only rescind the eviction notice if we sign a 6 or 12 months contract.
I rang the landlord again to explain our situation but she is adamant that we sign a contract or get out as originally asked. The two things seems diametrically opposed to me as it will be much harder for us to move out if we are perpetually in a contract.
We are looking for a house as quickly as possible but the process takes time.
Please help!!
If you agreed a date of March next year why would you not be willing to sign into a 6 month contract?
Sadly there is often an overlap of rental contract when you move to buying somewhere. Use it as an opportunity to make inroads on painting/sorting the new place before you have to move everything over lock stock and barrel.
Sadly there is often an overlap of rental contract when you move to buying somewhere. Use it as an opportunity to make inroads on painting/sorting the new place before you have to move everything over lock stock and barrel.
Realistically it can easily take 6 months to find a property to buy, and get everything organised. In any case the completion date has to suit you, as you are the ones who are paying. So a new 6 month's contract to stay where you are shouldn't be too much of a problem.
Edited by Hawkshaw on Friday 18th June 05:36
Thanks for the replies.
Just to confirm, I didn't agree to move out in March next year. The eviction notice stated that we had to move out in November, so I tried to convey to her was that it might take longer than that. We didn't want bailiffs or legal issues if we were still here going through the final stages of the house purchase process.
To the person who said 'just buy a house', the housing market here has been insane for the last few months. Houses were selling the moment they hit the market and often for many thousands of pounds more than the asking price. For the last month virtually nothing has appeared, and the properties that have done are often vastly overpriced and the owners seem unwilling to budge much on the price. But, something perfect could pop up at any time and we want to be ready to pounce.
I guess the question is, is there anything we can do except sign another contract? We don't want to be a month or so into a six month contract and find a perfect no-onward-chain property that could in theory be bought in a couple of months. I also don't really like the idea of just leaving with unpaid months left, so I don't think we would be happy to do that.
Just to confirm, I didn't agree to move out in March next year. The eviction notice stated that we had to move out in November, so I tried to convey to her was that it might take longer than that. We didn't want bailiffs or legal issues if we were still here going through the final stages of the house purchase process.
To the person who said 'just buy a house', the housing market here has been insane for the last few months. Houses were selling the moment they hit the market and often for many thousands of pounds more than the asking price. For the last month virtually nothing has appeared, and the properties that have done are often vastly overpriced and the owners seem unwilling to budge much on the price. But, something perfect could pop up at any time and we want to be ready to pounce.
I guess the question is, is there anything we can do except sign another contract? We don't want to be a month or so into a six month contract and find a perfect no-onward-chain property that could in theory be bought in a couple of months. I also don't really like the idea of just leaving with unpaid months left, so I don't think we would be happy to do that.
I'd take the 12 months if I were you, if you've been waiting a while to buy then what's 3 months extra? as others have pointed out it could take a while to actually complete a purchase so 3 months breathing room might be ideal.
Appreciate it's not actually what you asked but I'd say the landlord has you by the short and curlies with respect to the eviction - though IANAL and someone properly qualified will be able to correct me here.
Appreciate it's not actually what you asked but I'd say the landlord has you by the short and curlies with respect to the eviction - though IANAL and someone properly qualified will be able to correct me here.
From the landlord's perspective, they don't really want to be left high and dry when you find a house and move out quickly, so they are just trying to get some certainty in the opposite way to your desire to have flexibility to buy a house. Both perspectives are valid but you can see each side's view.
CharlesElliott said:
From the landlord's perspective, they don't really want to be left high and dry when you find a house and move out quickly, so they are just trying to get some certainty in the opposite way to your desire to have flexibility to buy a house. Both perspectives are valid but you can see each side's view.
I do appreciate this, but the most galling part is that it's just about making the maximum amount of money, because heaven forbid their second (or perhaps it's their third or forth) property stays empty for a month or so. Do you think they'll miss the income as much as it'll affect us having to pay for two properties? They want to put the risk on us, two people trying to buy their first home... DartyBistard said:
I'd take the 12 months if I were you, if you've been waiting a while to buy then what's 3 months extra? ....
Just to add, the house we had the offer accepted on last year was sold a month later. It has since come back on the market for £43,000 more than it sold for. And it has sold again already. If we wait another year, we may be priced out of the market entirely. TurbosSuck said:
I do appreciate this, but the most galling part is that it's just about making the maximum amount of money, because heaven forbid their second (or perhaps it's their third or forth) property stays empty for a month or so. Do you think they'll miss the income as much as it'll affect us having to pay for two properties? They want to put the risk on us, two people trying to buy their first home...
Seems a pretty selfish view. What if your landlord is reliant on their rental properties paying for their own mortgages, and have little to no free cash at the end of the month? They might already be stretched, and as you are about to find out, it’s hardly as if they can just up and sell a property before arrears are due, the house selling/buying process takes a LOT of time.Why is your need greater than theirs?
Out house was no chain, it still took 4 months to get they keys. Seems to me like the 6-month rental agreement is PERFECT. Gives you up to 2 months to find a place, and 4 months to actually buy it!
TurbosSuck said:
Thanks for the replies.
Just to confirm, I didn't agree to move out in March next year. The eviction notice stated that we had to move out in November, so I tried to convey to her was that it might take longer than that. We didn't want bailiffs or legal issues if we were still here going through the final stages of the house purchase process.
To the person who said 'just buy a house', the housing market here has been insane for the last few months. Houses were selling the moment they hit the market and often for many thousands of pounds more than the asking price. For the last month virtually nothing has appeared, and the properties that have done are often vastly overpriced and the owners seem unwilling to budge much on the price. But, something perfect could pop up at any time and we want to be ready to pounce.
I guess the question is, is there anything we can do except sign another contract? We don't want to be a month or so into a six month contract and find a perfect no-onward-chain property that could in theory be bought in a couple of months. I also don't really like the idea of just leaving with unpaid months left, so I don't think we would be happy to do that.
Market forces at work?Just to confirm, I didn't agree to move out in March next year. The eviction notice stated that we had to move out in November, so I tried to convey to her was that it might take longer than that. We didn't want bailiffs or legal issues if we were still here going through the final stages of the house purchase process.
To the person who said 'just buy a house', the housing market here has been insane for the last few months. Houses were selling the moment they hit the market and often for many thousands of pounds more than the asking price. For the last month virtually nothing has appeared, and the properties that have done are often vastly overpriced and the owners seem unwilling to budge much on the price. But, something perfect could pop up at any time and we want to be ready to pounce.
I guess the question is, is there anything we can do except sign another contract? We don't want to be a month or so into a six month contract and find a perfect no-onward-chain property that could in theory be bought in a couple of months. I also don't really like the idea of just leaving with unpaid months left, so I don't think we would be happy to do that.
TX.
The landlord wanted you out, hence the s21 notice. Sign a 12 month rental agreement, which gives you maximum flexibility. If you find something to rent or buy in the meantime, you know the landlord is likely to want possession asap and be flexible around letting you leave before the fixed term.
paradigital said:
Seems a pretty selfish view...
Why is your need greater than theirs?
Really? We're selfish for continuing to pay our rent as per our current monthly rolling contact?Why is your need greater than theirs?
And perhaps our need is greater because we live in this house, no one's threatening to turf them out on the street.
Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff