user not found Posted July 23, 2020 Share Posted July 23, 2020 I just had a message from my landlord to say he's selling the property we rent. We're out of contract, so he'd need to give us two months notice. However if we challenge the eviction via the courts he would come un-stuck as no deposit protection (court would say return deposit, then come back in a month), no elec safety cert (rectify it, come back in a month), no how to rent guide book (rectify it, come back in a month). plus delays in court hearings anyway due to lockdown. i could play hard ball, but i dont want too much stress. I wonder how to play it... sheesh. Quote Link to comment Share on other sites More sharing options...
sammersmith Posted July 23, 2020 Share Posted July 23, 2020 4 minutes ago, Sausage said: no deposit protection I don't think this is something simple he can just rectify. Deposit has to be protected and within 30 days IIRC. If you are going to be S21ed then i'd atleast use these failing to your advantage and claim 3 x deposit for failing to protect deposit and issuing an illegal S21. This money will help with your next rental and is money you are entitled to. Quote Link to comment Share on other sites More sharing options...
dougless Posted July 23, 2020 Share Posted July 23, 2020 You have my sympathy. This happened to me last autumn. I was given early warning that my contract would not be renewed in Feb 20 which was reasonable even if it wasn’t what I wanted. After some thought I decided to move and, after over a decade in the same house, it was tough. My landlord had decided to do the house up and sell rather than continue to rent it out. Since I left in December I think they have spent £20-30,000 on the house and as I understand it, it’s still empty. Hmmm. Quote Link to comment Share on other sites More sharing options...
dougless Posted July 23, 2020 Share Posted July 23, 2020 12 minutes ago, Sausage said: i could play hard ball, but i dont want too much stress. I wonder how to play it... sheesh. I was lucky in that I had a decent landlord so my decision was based, in part, on their reasonable behaviour. If my landlord had been otherwise, I may have behaved differently. Quote Link to comment Share on other sites More sharing options...
GodlessEndeavor Posted July 23, 2020 Share Posted July 23, 2020 The way I'd play it is to focus on finding a good place to live at. At the same time, I'd push back on any annoying or unreasonable requests from the current landlord. Â Quote Link to comment Share on other sites More sharing options...
dougless Posted July 23, 2020 Share Posted July 23, 2020 (edited) 9 minutes ago, GodlessEndeavor said: The way I'd play it is to focus on finding a good place to live at. At the same time, I'd push back on any annoying or unreasonable requests from the current landlord. Â Sounds like good advice and rents do seem to be falling so it might save you some money in the long run. Edited July 23, 2020 by dougless Quote Link to comment Share on other sites More sharing options...
user not found Posted July 23, 2020 Author Share Posted July 23, 2020 23 minutes ago, sammersmith said: I don't think this is something simple he can just rectify. Deposit has to be protected and within 30 days IIRC. If you are going to be S21ed then i'd atleast use these failing to your advantage and claim 3 x deposit for failing to protect deposit and issuing an illegal S21. This money will help with your next rental and is money you are entitled to. I'd heard rumour of 3 x deposit for non protection - any links to info on how that works? Is it guaranteed? Or dependent on certain circumstances? Thanks. Quote Link to comment Share on other sites More sharing options...
sammersmith Posted July 23, 2020 Share Posted July 23, 2020 2 minutes ago, Sausage said: I'd heard rumour of 3 x deposit for non protection - any links to info on how that works? Is it guaranteed? Or dependent on certain circumstances? Thanks. There's some info here https://www.citizensadvice.org.uk/housing/renting-privately/ending-your-tenancy/taking-your-landlord-to-court-if-they-havent-followed-the-deposit-rules/ The only circumstance where they don't need to protect is in the case of lodgers. There was a grace period to protect old tenancies over but that's long since passed. I would have thought periodic tenancies were captured in this too. I would suggest not doing anything until you get the S21. Then they would have issued an illegal S21 and you have them over a barrel. Alerting them to it now would make them change tactic. Also, anyone who issues a S21 deserves to be punished in my opinion.  Quote Link to comment Share on other sites More sharing options...
LetsBuild Posted July 23, 2020 Share Posted July 23, 2020 You have my sympathy. I had this 3 years ago and the new landlord tried to bump up the rent £100 in first month. Luckily for me another apartment became available at the same time, so I told him to get lost and moved (easy to do when you are just walking down the hallway). I know for a fact because I talk to the new tenants that he’s now on his 4th new set of tenants In the intervening time and has had at least 9 months of voids (possibly 12) out of 36. And he’s renting it out now for what I used to pay 3 years ago. Ha ha ha. Quote Link to comment Share on other sites More sharing options...
mrphil Posted July 23, 2020 Share Posted July 23, 2020 1 hour ago, Sausage said: We're out of contract, so he'd need to give us two months notice. Three months notice. The Coronavirus Act 2020 protects most tenants and secure licensees in the private and social rented sectors by putting measures in place that say where landlords do need to issue notices seeking possession, the notice period must be for three months. Landlords can choose to give a longer notice period. From 27th March, any claims in the system or about to go into the system will be affected by a 90 day suspension of possession hearings and orders (see Section 2). Quote Link to comment Share on other sites More sharing options...
shlomo Posted July 23, 2020 Share Posted July 23, 2020 1 hour ago, dougless said: You have my sympathy. This happened to me last autumn. I was given early warning that my contract would not be renewed in Feb 20 which was reasonable even if it wasn’t what I wanted. After some thought I decided to move and, after over a decade in the same house, it was tough. My landlord had decided to do the house up and sell rather than continue to rent it out. Since I left in December I think they have spent £20-30,000 on the house and as I understand it, it’s still empty. Hmmm.  Any reason why you do not make a low offer for the property. Quote Link to comment Share on other sites More sharing options...
user not found Posted July 23, 2020 Author Share Posted July 23, 2020 just to add i have two young kids at primary school, and have twice had stress induced seizures (lost driving licence for a year, then took dvla another year to re-issue).... so lots of things to consider Quote Link to comment Share on other sites More sharing options...
user not found Posted July 23, 2020 Author Share Posted July 23, 2020 I'm tempted to ask for half rent, and 3 months notice, then we'll allow viewings, and remedial work to improve sellability Quote Link to comment Share on other sites More sharing options...
msi Posted July 23, 2020 Share Posted July 23, 2020 10 minutes ago, Sausage said: I'm tempted to ask for half rent, and 3 months notice, then we'll allow viewings, and remedial work to improve sellability If there is no deposit certificate, then you don't need to offer anything other than your silence Quote Link to comment Share on other sites More sharing options...
Flopsy Posted July 23, 2020 Share Posted July 23, 2020 I've lived in a house being sold many times. It's a horrible experience and personally if stress is a problem I would avoid a money for viewings option. EA try and walk all over you if you are a tenant. Quote Link to comment Share on other sites More sharing options...
Aidan Ap Word Posted July 23, 2020 Share Posted July 23, 2020 4 minutes ago, msi said: If there is no deposit certificate, then you don't need to offer anything other than your silence The landlord has a responibility to know the law. This doesn't appear to be the case (lack of deposit protection, lack of knowledge of increased notice periods at this time, and more). Quote Link to comment Share on other sites More sharing options...
Aidan Ap Word Posted July 23, 2020 Share Posted July 23, 2020 3 minutes ago, Flopsy said: I've lived in a house being sold many times. It's a horrible experience and personally if stress is a problem I would avoid a money for viewings option. EA try and walk all over you if you are a tenant. Agree. Please don't let their machinations add to your stress. They are after gold-digging as best they can, and it would be exceptionally rare if they gie any thought for you or your situation in all this. If they want to break your quiet enjoyment of the property before your tenancy formally ends then wait for them to do so in writing. And then throw the book at them ... You will have to move at some point, but doing so after being rushed by someone is really stressful and very expensive for you. Oops - like another poster said - really wish you didn't have to go through this!  Quote Link to comment Share on other sites More sharing options...
GodlessEndeavor Posted July 23, 2020 Share Posted July 23, 2020 I told my former landlord that viewings are not something I'm comfortable with in the current pandemic. If you're worried about stress, this may be a good option. Quote Link to comment Share on other sites More sharing options...
moonriver Posted July 23, 2020 Share Posted July 23, 2020 Very sorry to hear this. As said here, I think you should try and do whatever gives you the least stress now. The option you suggest (as Flopsy says) is likely to cause you extra stress, especially as Mrphil's covid related post here shows you are entitled to extra time now anyway if the landlord does try and rush you. Also, when I went with a friend who'd been served S21, (having lived for 7 years in that home with her hubby and 5 kids) to the local council housing department they were very helpful. They advised us to not worry too much about the final S21 date. They said if my friend tells the landlord they intend to go, but need a bit of extra time to move to an alternative property, it is not worthwhile a landlord going to the courts to try and get them out, as it costs the landlord and takes time anyway. They gave us a lot of information via email, including their own council house vacancies, so it might be worth you approaching them. S21's should be banned, just because landlords decide they fancy selling. They cause so much stress to innocent tenants, eg... ...We got one unexpectedly, via post, after living in a family house for 3 years. We rushed to find something suitable before the 8 weeks of the S21 was up, but I now wish we'd ignored the S21 date and taken a bit more time to take a more suitable property. ...My mother got one by post after living in a bungalow for several years, when she was in her 80's! I think you are doing right posting about it here, as there are a lot of knowledgable forum members who may be able to help advise you. Quote Link to comment Share on other sites More sharing options...
dougless Posted July 23, 2020 Share Posted July 23, 2020 4 hours ago, shlomo said: Any reason why you do not make a low offer for the property. Twice what I could afford. Quote Link to comment Share on other sites More sharing options...
micawber Posted July 23, 2020 Share Posted July 23, 2020 25 minutes ago, dougless said: Twice what I could afford. I think he means then offer him 50%! Quote Link to comment Share on other sites More sharing options...
iamnumerate Posted July 23, 2020 Share Posted July 23, 2020 38 minutes ago, dougless said: Twice what I could afford.  13 minutes ago, micawber said: I think he means then offer him 50%! I would offer less than that - if it makes financial sense - he might be desperate.  5 hours ago, LetsBuild said: You have my sympathy. I had this 3 years ago and the new landlord tried to bump up the rent £100 in first month. Luckily for me another apartment became available at the same time, so I told him to get lost and moved (easy to do when you are just walking down the hallway). I know for a fact because I talk to the new tenants that he’s now on his 4th new set of tenants In the intervening time and has had at least 9 months of voids (possibly 12) out of 36. And he’s renting it out now for what I used to pay 3 years ago. Ha ha ha. I know someone - quite left wing - who raised the rent on his property, tenants left and the new ones didn't pay. I would hate to be a landlord, if I had to move for 6 months, I wouldn't know what to do with my property. Leaving it empty would be a waste, maybe house sitters are a possibility. Quote Link to comment Share on other sites More sharing options...
locky82 Posted July 23, 2020 Share Posted July 23, 2020 If you're trying to find the least stressful route it's probably better to focus on finding a new home instead of delaying the inevitable for a few months. Quote Link to comment Share on other sites More sharing options...
dougless Posted July 23, 2020 Share Posted July 23, 2020 22 minutes ago, locky82 said: If you're trying to find the least stressful route it's probably better to focus on finding a new home instead of delaying the inevitable for a few months. This is how I felt and was able to save some money in the process - rents really do seem to be falling in the South East. Quote Link to comment Share on other sites More sharing options...
dougless Posted July 23, 2020 Share Posted July 23, 2020 1 hour ago, iamnumerate said: I would offer less than that - if it makes financial sense - he might be desperate. Anything but so that would not have worked. Quote Link to comment Share on other sites More sharing options...
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