Staying in rented accommodation after being given notice
Discussion
Never thought I would be asking advice about this or even considering it. I understand all the risks and disadvantages around renting but I am not currently in a position to buy. Yesterday a thick envelope dropped through the letterbox advising us that our landlord was no longer renting the house we live in and we have to vacate by 18th January. Two months notice, fairly normal although never happened to us in 10 years of renting.
I am currently working away from home until we fly to Canada to spend Christmas with my wife's family for 2 weeks. This gives us about 7 days to move out when we get back. We have tried to view houses this weekend but there is nothing available for a couple of week to view.
We are doing all we can to find somewhere to move to but it is looking unlikely that will happen before the 18th January. We don't intend to stop paying rent where we are, how bad is it going to be if we do not vacate by 18th? Will this stop us renting elsewhere due to bad references?
I am currently working away from home until we fly to Canada to spend Christmas with my wife's family for 2 weeks. This gives us about 7 days to move out when we get back. We have tried to view houses this weekend but there is nothing available for a couple of week to view.
We are doing all we can to find somewhere to move to but it is looking unlikely that will happen before the 18th January. We don't intend to stop paying rent where we are, how bad is it going to be if we do not vacate by 18th? Will this stop us renting elsewhere due to bad references?
Thesprucegoose said:
you could try negotiating wuith the landlord, why not explain situation first. It is difficult to evict you without a court order.
We are renting through letting agency that just tried to force us to sign for another year at a huge cost. I am a little bit wary about the timescale of things to be honest. I assume the letting agency will get another fee from letting it again. The landlord is local so I might take the mail around tomorrow and ask what their plan isSince OP you have not indicated what form the LL's/agent's Notice took, and details of your tenancy agreement, dates on both the former and latter etc., I offer only advice on your legal rights as a sitting tenant/s, that is after the expiry date of any Notice served by the LL/agent.
OP, it is important for you to know that under your tenancy agreement, you still remain a tenant after the expiry date of the landlord's/agent's Notice. You always remain a tenant until a court makes a possession order and the same is executed by a court bailiff etc. Your LL/agent must also comply with all their legal obligations under a tenant's tenancy agreement, such as repairs etc. etc.
Any approach you make to the LL/agent must not be confrontational, communications must be in writing, those communications drafted in the knowledge that a court may read the same.
The festive season is not the best time to look for residential renting accommodation, the rental market being very slow, this, together with it can take over six (6) months for a LL/agent to gain possession of a property.
From what you have posted, I am certain that the Court will be sympathetic to your situation, and will offer you reasonable time to find suitable alternative accommodation.
OP, it is important for you to know that under your tenancy agreement, you still remain a tenant after the expiry date of the landlord's/agent's Notice. You always remain a tenant until a court makes a possession order and the same is executed by a court bailiff etc. Your LL/agent must also comply with all their legal obligations under a tenant's tenancy agreement, such as repairs etc. etc.
Any approach you make to the LL/agent must not be confrontational, communications must be in writing, those communications drafted in the knowledge that a court may read the same.
The festive season is not the best time to look for residential renting accommodation, the rental market being very slow, this, together with it can take over six (6) months for a LL/agent to gain possession of a property.
From what you have posted, I am certain that the Court will be sympathetic to your situation, and will offer you reasonable time to find suitable alternative accommodation.
OP, letting agents are no longer allowed to charge fees; at the end of your initial contract you revert to a monthly periodic tenancy. Maybe your letting agent has got the hump because you stood up to them. Horrible situation for you; good luck getting it sorted.
Edited by norush on Sunday 17th November 10:56
Another question is did you get a new rental agreement? If so, what is the termination date of that?
As a serial renter myself I have never extended an existing deal, an AST moves to a rolling monthly tenancy automatically. As Wings has said it will take time to get you out legally. No fees are chargeable by an agency since the new law was passed a few months ago.
If you have an agreement with an end date then you may stay until then provided you do not break the contract from your side. In general my advice (non-legal) would be to start looking and move as soon as you can but do not worry about the date given to you.
As a serial renter myself I have never extended an existing deal, an AST moves to a rolling monthly tenancy automatically. As Wings has said it will take time to get you out legally. No fees are chargeable by an agency since the new law was passed a few months ago.
If you have an agreement with an end date then you may stay until then provided you do not break the contract from your side. In general my advice (non-legal) would be to start looking and move as soon as you can but do not worry about the date given to you.
No landlord seeking possession of a rental property, is going to give an outgoing tenant/s a bad reference, so NOW is the time to request a reference from your LL/agent.
It is no stigma for a sitting tenant to be taken to court for possession of a rental property, that is where the tenant/s has not defaulted on the terms of their tenancy agreement, ie rental arrears, anti social behaviour etc. etc.
In the OP's position I would advise against presently offering the LL/agent excuses for not finding alternative accommodation, particularly the OP/tenant being out of the country (property empty) for two (2) weeks. Just request a reference and advise that you are seeking alternative accommodation.
There is never a substitute for seeking face to face legal advice, when tenancy agreement, possession Notice etc. etc. can be both produced and advised upon. The same should be carried out on or shortly after 18 January.
It is no stigma for a sitting tenant to be taken to court for possession of a rental property, that is where the tenant/s has not defaulted on the terms of their tenancy agreement, ie rental arrears, anti social behaviour etc. etc.
In the OP's position I would advise against presently offering the LL/agent excuses for not finding alternative accommodation, particularly the OP/tenant being out of the country (property empty) for two (2) weeks. Just request a reference and advise that you are seeking alternative accommodation.
There is never a substitute for seeking face to face legal advice, when tenancy agreement, possession Notice etc. etc. can be both produced and advised upon. The same should be carried out on or shortly after 18 January.
I might be looking at this over simplistically, but why is everyone so quick to jump into the legality of whether he can force you to move out of HIS property?
From what I can see the OP has been given 2 months notice to leave the house. That seems relatively fair to me, it's not the landlords fault that he is working away and then flying off to Canada for two weeks at Christmas.
If the OP has been given the chance to re-sign for another year (at a higher price) but has declined not to, then he has two months to find somewhere that he is happy to rent.
I'm sure that the landlord knows the value of his property and probably feels that he can rent it out at the higher rate quite easily. The OP has had first refusal but declined the offer. So on what moral or legal grounds has the OP got to still be living there after 18th January?
From what I can see the OP has been given 2 months notice to leave the house. That seems relatively fair to me, it's not the landlords fault that he is working away and then flying off to Canada for two weeks at Christmas.
If the OP has been given the chance to re-sign for another year (at a higher price) but has declined not to, then he has two months to find somewhere that he is happy to rent.
I'm sure that the landlord knows the value of his property and probably feels that he can rent it out at the higher rate quite easily. The OP has had first refusal but declined the offer. So on what moral or legal grounds has the OP got to still be living there after 18th January?
Matt_E_Mulsion said:
I might be looking at this over simplistically, but why is everyone so quick to jump into the legality of whether he can force you to move out of HIS property?
From what I can see the OP has been given 2 months notice to leave the house. That seems relatively fair to me, it's not the landlords fault that he is working away and then flying off to Canada for two weeks at Christmas.
If the OP has been given the chance to re-sign for another year (at a higher price) but has declined not to, then he has two months to find somewhere that he is happy to rent.
I'm sure that the landlord knows the value of his property and probably feels that he can rent it out at the higher rate quite easily. The OP has had first refusal but declined the offer. So on what moral or legal grounds has the OP got to still be living there after 18th January?
There was no mention of a rent increase from the landlord, it was a £200 fee from the letting agent just for changing the date on the tenancy agreement, Apparently they can still charge a fee on renewals until next year. There is no guarantee that the landlord would have agreed to an extension anyway as they were probably already thinking about giving notice.From what I can see the OP has been given 2 months notice to leave the house. That seems relatively fair to me, it's not the landlords fault that he is working away and then flying off to Canada for two weeks at Christmas.
If the OP has been given the chance to re-sign for another year (at a higher price) but has declined not to, then he has two months to find somewhere that he is happy to rent.
I'm sure that the landlord knows the value of his property and probably feels that he can rent it out at the higher rate quite easily. The OP has had first refusal but declined the offer. So on what moral or legal grounds has the OP got to still be living there after 18th January?
You would be surprised how short 2 months is to find a new property, having been looking for 3 days I have 7 properties to view but the first one isn't until Friday 22nd. That 8ish weeks notice is now down to 7 before we have even been able to view.
I'm very much in favour of talking to the organ grinder, rather than the rip off letting agent.
If you have contact details for the landlord, do have a non-confrontational conversation. Explain that you are happy in the house, but the agent has taken the mickey with fee's. Tell them that you are looking, but prior commitments, Christmas and the letting season are already concerning you about the timescale. Ask politely if they would consider an extra month on the notice.
From the LL point of view, letting it to a tenant who is not being difficult for an extra month, as opposed to one who can't get out, and against whom they need to start court proceedings is a no brainer.
What's the worst can happen? They can say yes, no or speak to letting agent.
If you have contact details for the landlord, do have a non-confrontational conversation. Explain that you are happy in the house, but the agent has taken the mickey with fee's. Tell them that you are looking, but prior commitments, Christmas and the letting season are already concerning you about the timescale. Ask politely if they would consider an extra month on the notice.
From the LL point of view, letting it to a tenant who is not being difficult for an extra month, as opposed to one who can't get out, and against whom they need to start court proceedings is a no brainer.
What's the worst can happen? They can say yes, no or speak to letting agent.
You'll very likely find your LL is up for a bit of flexibility. He'll have put the notice in with specific timings to stay on the right side of the legal process.
Just have a chat and make an arrangement. I've done this both as a tenant, and a landlord.
push comes to shove, they can't move you anywhere near that fast. Just make it amenable instead.
Just have a chat and make an arrangement. I've done this both as a tenant, and a landlord.
push comes to shove, they can't move you anywhere near that fast. Just make it amenable instead.
The court order / high court bailiff thing, is a lot quicker than it used to be. Stay put, and have a word with your landlord, if you really have no other option, but keep up your rent. Re double your efforts to find somewhere though. A forced eviction does not look good, for any subsequent landlords.
This happened to me but a long time ago when laws were perhaps a bit different (e.g. deposit was given in cash in exchange for the keys).
Typical nicest, well kept, maintained house I ever rented. We had to move out on an odd day (17th) just outside our notice period.
We asked the landlord if we could stay as my housemate was working in Japan until after that date.
Unfortunately, Landlord needed the property back to live in due to divorce and sale of his house, which as that was a "normal" sale the date was fixed.
Being a nice chap, he "rented" bedroom 3 off us on the proviso we moved the cars out the garage so he could keep his stuff in there until we fully moved on when Mark was back from Japan.
Two mistakes we made 1) renting a house almost opposite Bettys in Harrogate with just two blokes in (one with MX-5) had already got the locals talking. When a third man moved in the blue rinse brigade could be hear chattering from the tearooms at 100 yards. 2) If you have a house with parking in a garage in Harrogate, then try to park on street you've never realised how hard it is to park in Harrogate! Probably cost more in fees and fines over the next six months than rent!
Typical nicest, well kept, maintained house I ever rented. We had to move out on an odd day (17th) just outside our notice period.
We asked the landlord if we could stay as my housemate was working in Japan until after that date.
Unfortunately, Landlord needed the property back to live in due to divorce and sale of his house, which as that was a "normal" sale the date was fixed.
Being a nice chap, he "rented" bedroom 3 off us on the proviso we moved the cars out the garage so he could keep his stuff in there until we fully moved on when Mark was back from Japan.
Two mistakes we made 1) renting a house almost opposite Bettys in Harrogate with just two blokes in (one with MX-5) had already got the locals talking. When a third man moved in the blue rinse brigade could be hear chattering from the tearooms at 100 yards. 2) If you have a house with parking in a garage in Harrogate, then try to park on street you've never realised how hard it is to park in Harrogate! Probably cost more in fees and fines over the next six months than rent!
jpringle819 said:
There was no mention of a rent increase from the landlord, it was a £200 fee from the letting agent just for changing the date on the tenancy agreement, Apparently they can still charge a fee on renewals until next year. There is no guarantee that the landlord would have agreed to an extension anyway as they were probably already thinking about giving notice.
You would be surprised how short 2 months is to find a new property, having been looking for 3 days I have 7 properties to view but the first one isn't until Friday 22nd. That 8ish weeks notice is now down to 7 before we have even been able to view.
The Tenant Fees Act allowed for a transition period of when fees were allowable, with the Act coming into force on 1 June 2019. This means that all tenancies which are commenced or renewed on or after that same date will be subject to the ban on fees.You would be surprised how short 2 months is to find a new property, having been looking for 3 days I have 7 properties to view but the first one isn't until Friday 22nd. That 8ish weeks notice is now down to 7 before we have even been able to view.
Where tenancies were entered into prior 1 June 2019, LL/agents will still be permitted to charge fees until 31 May 2020.
On or after 1 June 2020 all tenancies will be subject to the Tenant Fees Act even where there is a contractual term in the tenancy agreement permitting payments that are otherwise banned under the Act.
Thanks for all the replies, I believe the landlord wants to renovate and sell. They have a number of properties including next door, the letting agent let slip that next door are late with their rent every month and have had numerous complaints. Unfortunately they have longer left on their lease lease and our 1 year is coming up to an end. Could be that our landlord is selling up all his properties and retiring to somewhere in the sun. The letting agent is supposed to be negotiating on our behalf but I don't see there is anything in it for them so they probably aren't trying too hard.
I have been renting for years, have always paid my rent on time and got my deposit back. This is the first time a landlord has ever given me notice. It has been a shock to be honest, found a nicer and cheaper house in the next town but we are going to be the second viewing. A lot of the properties we have called about we are about 20th inline
Talk to your landlord directly to see if they can offer some flexibility. If not then do what needs must until you find somewhere. I wouldn't worry too much about the reference thing to be honest. We had to rent briefly between the house we sold and the one we bought a year or so ago and it was never a problem not having any sort of reference from a previous landlord - because we'd never rented. In any case if things turn sour between you and this landlord, you can simply get a reference from further down the chain from one of your previous landlords, or if push comes to shove a friend claiming to be one of your ex landlords.
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