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Legal matters

My Landlord wants to sell house? Full story here! can anyone advise?

17 replies

AngelWreakinHavoc · 02/07/2012 17:50

Last year I sold My house and had 10 days to find somewhere to live (14 days before christmas) Obviously that was no time to buy anywhere so we rented.

We got the rent reduced as the property had been empty for over 2 yrs (it was also on the market).
There was a lot of hoo ha over wether we could have the house or not as when they done the credit checks I had an outstanding ccj which I had no clue about, it was from over 6 years ago and for £61!!!
That was with the court fees so it was originally only £20 odd. Anyway I could not clear it in the time we needed to move in ( I paid but takes a while to show on credit report). We paid a full years rent which was over £13.000 in full and was told as long as we were renting, the house would be off the market. (The landlady who lives less than 20 yrds away does not know we have paid in full)

Everything has been fine up untill today, We have had a phonecall from the estate agents saying someone who viewed the house over a year ago and was not in the position to buy is now in the position to buy and wants to come and have a second viewing.

I am furious that they lied to me saying it was no longer on the market.

All I can get back from them is 'well its not on the market, this is a viewer from a year ago when it was on the market'.

They have also said if they dont want to buy we are are 'safe' as the landlord will not put it back on the market.

I have told them I am not happy about having people trapsing round my house as I should have been informed about this when I signed the agreement, I would not have moved here if they had not have confirmed that it was no longer on the market.

I run My Business from here which they know about and also my Son is in yr 10 and next yr will be doing his gcse's if we move now we will also have to move his school.

They have said that I can refuse the viewing which at the minute I am tempted as I'm so cross with it all.

Can anyone tell me where I stand legally on this? My tenancy runs out on 10th december.

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AngelWreakinHavoc · 02/07/2012 17:55

We were told when we moved in that as long as there were tenants in then the landlady would not put the house on the market, she just didnt want it empty.

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Hullygully · 02/07/2012 17:57

Unfortunately there's nothing you can do.

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ajandjjmum · 02/07/2012 17:58

Talk to your Landlady - pretty inconsiderate - although it could be that the viewers might be prepared to wait until the end of your lease?

Are you still looking to buy?

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AngelWreakinHavoc · 02/07/2012 18:05

We are still looking to buy but wanted to stay here till my ds finishes he gcses. The letting agents knew this when we agreed the rent. I feel like they have really pulled a fast one. its not even the letting agents who want to bring the viewers round to look its a different agents all together.

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delurked · 02/07/2012 22:39

I am not an expert by any means and am really just going on what I have read on similar threads before... but my understanding is that you would be within your rights to refuse the viewing. Apparently even if your contract provides that you have to allow viewings you can legally refuse to do this.
Do you have the letting agent's assurance that the property would be off the market in writing?
It sounds like the estate agents are playing you and the landlady off against each other. if I were you then I would be sure to let the landlady know how unprofessional/ sneaky they have been (although perhaps not until I moved out).

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holidaysarenice · 03/07/2012 01:45

You will have to move when ur tenancy ends in dec. Wud it not be better to move now rather than in the middle of his school year?

Also it is unlikely to come to sellin, the buyer will be lookin a lower price as its a year later....

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Graciescotland · 03/07/2012 03:03

Check your tenancy agreement there should be something about reasonable access for landlord/ potential tenants. I moved into a house which the landlord, cheekily, didn't tell me was on the market and he took the piss including having viewers round on the day we moved out, why?

TBH it would seem reasonable to allow potential viewers 6-8 weeks before your tenancy ends so I'd say no now. It may get a cat's bum face but I wish I'd said no in the beginning too.

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Collaborate · 03/07/2012 07:45

LL selling the house doesn't mean you have to move out. It will be sold subject to the existing tenancy.

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olgaga · 03/07/2012 10:50

As Collaborate says, the property might be sold subject to your tenancy. On the other hand it might be sold with completion scheduled for December after your tenancy has ended.

I don't really understand the point you make about your son's GCSEs. Are they next year? If so a tenancy agreement which ends in December won't help you anyway. A one-year tenancy agreement would usually have a break clause, so wouldn't it be better to find somewhere else to rent now and move in the summer holidays rather than potentially have to move in December when your lease comes to an end?

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Collaborate · 03/07/2012 10:59

You could agree to leave before your tenancy runs out if the LL crosses your palm with silver.

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QuintessentialShadows · 03/07/2012 11:03

The landlady would also have to refund you the rent you have paid in full up to the end of December.

If you have a contract till December, you dont have to move till the end of your contract. They will need to give you two months notice, subject to the terms of your contract of course. You need to dig out your contract and read it.

I am not a lawyer, I am a landlord (and also a tenant)

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AngelWreakinHavoc · 04/07/2012 14:24

Thank You so much for all your replies, I am now looking desperatley to find somewhere to buy asap. The point I made with my sons GCSE's is that the letting agents knew we would need to be here for 2 yrs minimum. Also with my work this is my busiest time of year so moving in the summer months is going to be worse than december.
Thank You all again :)

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Collaborate · 04/07/2012 16:09

Don't act too hastily. If you up sticks and leave before your tenancy expires you may not get your money back. Best do a deal with them first.

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merrymouse · 04/07/2012 16:17

Sounds v. Odd. Who is this potential buyer who is prepared to wait 6 months for house to be free?

When I was renting last year, viewings were only allowed in last 2 months of tenancy.

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merrymouse · 04/07/2012 16:21

Also, how does the landlady not know you have paid the agents a full year's rent?

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ThisWeekonFancyPuffin · 04/07/2012 16:26

Is buying the house yourself an option?

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Graciescotland · 05/07/2012 00:15

merry I once paid the six months rental on a flat, the agent sat on the cash and paid landlord monthly as contracted.

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