Landlord selling the house we rent?
Discussion
In August we were informed our landlord wanted to sell the property we rent from him. He'd purchased another property of his own (he's fairly young) and needed to sell this to fund that one. We'd only been here 16-17 months and were agreed (verbally) to be in here for few years, but we accepted that's life and started making preperations to buy a house of our own. We allowed people to view his house while living here, although never recieved the written 24hours notice that our contract said we should. It's been a stress we didn't need - my partner is due with our third child in December! Securing a mortgage to buy our own house also turned into a bit of a drama, but we got there in the end and as it has recently turned out, the solictor we are using is also dealing with the sellers of the house which our vendors are buying, so they've got both ends of the rope and the legalities of the deal have been wound up much quicker than expected, causing the current issue.
Now we've just exchanged and the completion date is set for next Friday. This is much sooner than expected - the vendor works shifts and is limited on time as to when he can complete the move.
I rang the landlord tonight to explain to him that everything's come around very quickly and that it was unexpected, but stated he wants 1 month's notice. I accept I may have been naive to think that the 'unnoficial notice' he gave us when informing us he wanted to sell the house would work both ways (ironically we've been hurrying things along so as to get out of his way!) His house hasn't sold as he's asking too much for it, which is why I believe he's not happy for us to leave in the 2 weeks I suggested. He probably needs our rent to cover his mortgage payment, especially if he's bought another house.
But looking further into it, I'm now wondering if he's broken the terms of the contract by officially listing the house for sale while he's still renting it to us. I've read that he needs to officially serve us 2 months written notice, before placing it on the market. He hasn't done this. In fact officially he's done nothing, and he's now withdrawn the house from the market because he didn't get the sort of prices the estate agents lured him in to thinking he might get.
I accept I haven't been the cleverest person alive here (it's my first time and I only know cars - this has been an other wordly experience altogether!) but wonder if is actions with the sale will benefit me in anyway if I try to counter him.
I also realise that I should have contacted him and given him notice when I had a roguh completion date from the solicitor. I would add in my defence that my solicitor did say not to make any solid arrangements until we have exchanged contracts. I can see how I would do things differently were I to do it again, basically.
It's also dirty tactics, but I know the landlord purchased the house he's renting to us using a conventional mortgage, rather than a buy to let. Having just signed my life away on my own, I read the terms and noticed this is one of many things that breaches the terms of the deal. I'm not the sort to blackmail (I'm usually pretty good at steering clear of trouble to be honest) but if I was pushed I'd have no problem in using this information, if it would benefit me. I'm kinda hoping it won't.
Would appreciate any advice on the matter from those in the know.
Thanks
Now we've just exchanged and the completion date is set for next Friday. This is much sooner than expected - the vendor works shifts and is limited on time as to when he can complete the move.
I rang the landlord tonight to explain to him that everything's come around very quickly and that it was unexpected, but stated he wants 1 month's notice. I accept I may have been naive to think that the 'unnoficial notice' he gave us when informing us he wanted to sell the house would work both ways (ironically we've been hurrying things along so as to get out of his way!) His house hasn't sold as he's asking too much for it, which is why I believe he's not happy for us to leave in the 2 weeks I suggested. He probably needs our rent to cover his mortgage payment, especially if he's bought another house.
But looking further into it, I'm now wondering if he's broken the terms of the contract by officially listing the house for sale while he's still renting it to us. I've read that he needs to officially serve us 2 months written notice, before placing it on the market. He hasn't done this. In fact officially he's done nothing, and he's now withdrawn the house from the market because he didn't get the sort of prices the estate agents lured him in to thinking he might get.
I accept I haven't been the cleverest person alive here (it's my first time and I only know cars - this has been an other wordly experience altogether!) but wonder if is actions with the sale will benefit me in anyway if I try to counter him.
I also realise that I should have contacted him and given him notice when I had a roguh completion date from the solicitor. I would add in my defence that my solicitor did say not to make any solid arrangements until we have exchanged contracts. I can see how I would do things differently were I to do it again, basically.
It's also dirty tactics, but I know the landlord purchased the house he's renting to us using a conventional mortgage, rather than a buy to let. Having just signed my life away on my own, I read the terms and noticed this is one of many things that breaches the terms of the deal. I'm not the sort to blackmail (I'm usually pretty good at steering clear of trouble to be honest) but if I was pushed I'd have no problem in using this information, if it would benefit me. I'm kinda hoping it won't.
Would appreciate any advice on the matter from those in the know.
Thanks
Assuming:
You are currently out of an AST and in a Statutory tenancy
You are enrolled in some form of TDS
then:
He is entitled to one months notice (from the date of the rent payment). You may be able to get away with one month's notice from today, but you will probably have to stump up for the blank fortnight. This may not be a Bad Thing, as it means that the move can be a lot more relaxed, and could, circumstances permitting, be done in van relays (depending on distances involved).
Not 100% on him having to serve notice before offering up for sale, it might have been wise, but would have forced your hand earlier than necessary.
Blackmail is a larger offence than being a grumpy sod, because the BeenyDream(tm) hasn't given him yachts and endless lines of coke.
You are currently out of an AST and in a Statutory tenancy
You are enrolled in some form of TDS
then:
He is entitled to one months notice (from the date of the rent payment). You may be able to get away with one month's notice from today, but you will probably have to stump up for the blank fortnight. This may not be a Bad Thing, as it means that the move can be a lot more relaxed, and could, circumstances permitting, be done in van relays (depending on distances involved).
Not 100% on him having to serve notice before offering up for sale, it might have been wise, but would have forced your hand earlier than necessary.
Blackmail is a larger offence than being a grumpy sod, because the BeenyDream(tm) hasn't given him yachts and endless lines of coke.
Kitchski said:
It's also dirty tactics, but I know the landlord purchased the house he's renting to us using a conventional mortgage, rather than a buy to let. Having just signed my life away on my own, I read the terms and noticed this is one of many things that breaches the terms of the deal. I'm not the sort to blackmail (I'm usually pretty good at steering clear of trouble to be honest) but if I was pushed I'd have no problem in using this information, if it would benefit me. I'm kinda hoping it won't.
So? a Consent To Let from the mortgage company costs £100.Kitchski said:
Would appreciate any advice on the matter from those in the know.
Fulfil your notice period.ETA... your landlord couldn't give two tosses about how your personal circumstances have changed. Similarly, his circumstances are none of your business. You're choosing to move out, stick to the agreement you made.
I'd agree that the lack of 24 hour notice is a piss take, but what are you going to do about it now, after the event?
Edited by bigandclever on Friday 28th October 22:04
bigandclever said:
Kitchski said:
It's also dirty tactics, but I know the landlord purchased the house he's renting to us using a conventional mortgage, rather than a buy to let. Having just signed my life away on my own, I read the terms and noticed this is one of many things that breaches the terms of the deal. I'm not the sort to blackmail (I'm usually pretty good at steering clear of trouble to be honest) but if I was pushed I'd have no problem in using this information, if it would benefit me. I'm kinda hoping it won't.
So? a Consent To Let from the mortgage company costs £100.Kitchski said:
Would appreciate any advice on the matter from those in the know.
Fulfil your notice period.ETA... your landlord couldn't give two tosses about how your personal circumstances have changed. Similarly, his circumstances are none of your business. You're choosing to move out, stick to the agreement you made.
I'd agree that the lack of 24 hour notice is a piss take, but what are you going to do about it now, after the event?
Edited by bigandclever on Friday 28th October 22:04
Kitchski said:
Appreciate your input. This will bear little relevance to the situation in reality, but the fact is we would not be moving if he hadn't told us he wanted to sell the house. We didn't choose to move out, we were asked to. The fact he changed his mind when his over-priced house didn't sell doesn't change the fact it was him who instigated this. Once the wheels were in motion it was too late to stop.
Nearly. He hasn't served notice, or a Section 21 notice. He may have implied you would be homeless, but has not invoked any sort of contract termination, so he HAS NOT asked you to move out.I understand your frustration, but losing a fortnights rent seems preferable to getting into all sorts of hassle in getting the month's rent back.
P.S. Don't forget to do the postal redirection, as leaving doesn't sound like he will be in any mood to kindly forward your post.
1. You can be sure that you will need to pay your full rent. Sorry.
2. You do not have to let anyone else into the house to view it without 24 hours notice - the sticking to the contract works both ways
3. Whilst he has breached his mortgage obligations etc that is really not something for you to worry about at this point.
2. You do not have to let anyone else into the house to view it without 24 hours notice - the sticking to the contract works both ways
3. Whilst he has breached his mortgage obligations etc that is really not something for you to worry about at this point.
Give him the months notice and keep the keys and access for the two weeks that you have "both houses". it will allow you a far more leisurely "moving day" and an opportunity to decorate a few rooms in the new gaff.
Haivng moved only a couple of times, I would relish the opportunity to move over a few weeks!
Haivng moved only a couple of times, I would relish the opportunity to move over a few weeks!
randlemarcus said:
Assuming:
You are currently out of an AST and in a Statutory tenancy
You are enrolled in some form of TDS
then:
He is entitled to one months notice (from the date of the rent payment). You may be able to get away with one month's notice from today, but you will probably have to stump up for the blank fortnight. This may not be a Bad Thing, as it means that the move can be a lot more relaxed, and could, circumstances permitting, be done in van relays (depending on distances involved).
Not 100% on him having to serve notice before offering up for sale, it might have been wise, but would have forced your hand earlier than necessary.
Blackmail is a larger offence than being a grumpy sod, because the BeenyDream(tm) hasn't given him yachts and endless lines of coke.
Whilst I totally agree with the above posting, since under the Housing Act’s legislation, the OP/tenant is required to issue the landlord with a one months Notice terminating the tenancy.You are currently out of an AST and in a Statutory tenancy
You are enrolled in some form of TDS
then:
He is entitled to one months notice (from the date of the rent payment). You may be able to get away with one month's notice from today, but you will probably have to stump up for the blank fortnight. This may not be a Bad Thing, as it means that the move can be a lot more relaxed, and could, circumstances permitting, be done in van relays (depending on distances involved).
Not 100% on him having to serve notice before offering up for sale, it might have been wise, but would have forced your hand earlier than necessary.
Blackmail is a larger offence than being a grumpy sod, because the BeenyDream(tm) hasn't given him yachts and endless lines of coke.
However, both before and during the Notice period, the tenant/s does NOT have to allow the landlord/agents, tradesman access to the rental property, this is WITH or without a 24 hours notice.
In fact to enforce the same, the OP/tenant can legally change the main access door locks to prevent the landlord having access, and should there be any attempt to gain force entry, then the same could be met with a criminal charge from the Police.
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