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Renting and landlord is selling - come and talk to me please!

(60 Posts)
BitOfABugger Mon 31-Aug-20 12:26:19

I don't have the savings to buy (thanks to ex husband and other things) but my credit rating is excellent. Reasonable income circa £30k.

I've looked at properties on rightmove and there are so few that are suitable!

I've requested a few viewings already but only one of them is truly suitable. I'm not inflexible but there is very little available and competition is very fierce.

What do I do if the notice period expires and I haven't found anywhere!! (Not suggesting I sit tight and refuse to leave! Landlord has been fair over the years.) Just worried. Thanks.

OP’s posts: |
sar302 Mon 31-Aug-20 12:42:54

Can you take the best of a bad bunch on a 6 month contract - or a 12 month with a 6 month break clause - and then look again when you don't have the pressure hanging over you?

BitOfABugger Mon 31-Aug-20 12:47:44

Thanks. I'm already thinking on those lines. I'm more worried about getting something at all!

I don't really want to move daughter's school especially it's not going to he a long term move. I'm happy to drop her off at a train station on my way to work.

Just a bit worried they're getting snapped up quickly!

If only this had happened over the summer hols when I actually had time to look 😕

OP’s posts: |
NoSquirrels Mon 31-Aug-20 12:52:47

Presume you have a fairly long notice period? What's your landlord doing in terms of listing the property for sale - waiting until you have vacated or listing it now with you in situ?

They can't sell until it's vacant possession, but it could be listed for sale with you still living there - that may buy you a bit more time to look for a suitable rental. For instance if your landlord has only given you 1 month notice to leave, so that they can list, you could perhaps make a deal with them that you are happy to have estate agents and viewings etc while you're still there. Most sales take 8+ weeks from a accepted offer, so it might help?

VanCleefArpels Mon 31-Aug-20 12:55:23

Your landlord has to give you 6 months’ notice. You are aware this does not necessarily mean you have to move out in 6 months. Given delays in the court system I’d be amazed if the entire process takes less than 12 months for landlords giving notice now. My point being: don’t panic, time is on your side!

Toomboom Mon 31-Aug-20 13:00:14

Eviction is 6 months at the moment, so you have time on your side, so don't panic.
This should give you plenty of time to look for something suitable.

It's really tough, I had to do this last year when my landlord was selling.

Cyw2018 Mon 31-Aug-20 13:06:17

But if she allows herself to be evicted then surely her landlord reference for her next potential rental property would state this and no landlord in their right-mind would let her near their property (I'm a landlord and I know I wouldn't) especially in a booming rental market as op has described.

VanCleefArpels Mon 31-Aug-20 13:31:28

I’m a landlord of several properties - Onward reference is always limited to ability to pay rent and nothing else.. I prefer employer references in any event and rely on these more than landlord references for my prospective tenants - landlord references always likely to be less objective!

BitOfABugger Mon 31-Aug-20 15:52:58

Hi. Thanks for your replies!

8 weeks notice from today (as per tenancy). If the current 6 month thing is accurate, does anyone have a link?

House will be put on the market in 8 weeks time. EA will be round to do valuations prior to that.

Tbh, I don't want to do anything to jeopardise a good reference. Thanks

OP’s posts: |
VanCleefArpels Mon 31-Aug-20 17:31:32

www.gov.uk/government/publications/covid-19-and-renting-guidance-for-landlords-tenants-and-local-authorities

Your landlord is breaking the law by giving you 8 weeks notice. Even without Covid the proper notice is two rent periods. Assuming you pay rent per calendar month that will be more than 8 weeks. Now (s)he must give you 6 months notice under Covid provisions.

Your choice what you do but don’t feel bullied out of your home. You are not obliged to allow viewings etc

BitOfABugger Mon 31-Aug-20 17:42:44

Thanks for that. I'm on my phone at the moment and it's too small to read. Although it does say that its non-statutory guidance so not obliged to follow it?

That's a good point about the rent periods.

My rent is due/paid on 1st of the month for the month in advance. Notice is 2 months (sorry, not 8 weeks, I just checked) from tomorrow so that presumably covers the 2 months. The property is going on the market on 2nd Nov. So they wont be expecting rent on 1st Nov.

Re the 6 months, will Shelter be able to advise on this if I call them? Sorry, just a bit difficult to take it all in - my head is swimming!

Does the 6 months apply to all notice periods for any reason?

OP’s posts: |
BitOfABugger Mon 31-Aug-20 17:44:48

Sorry, I see you're an experienced LL. I'm not doubting what you say, just unsure if it applies in all situations.

Eg is it to protect tenants who haven't paid their rent due to covid related financial hardship or does it equally apply to a LL who wants to sell up?

OP’s posts: |
Lockdownseperation Mon 31-Aug-20 17:47:09

Contact all the local estate agents and tell them what you are looking for.

Burnout101 Mon 31-Aug-20 17:48:29

The 6 month covers everything except antisocial behaviour which is 3 months atm.

Burnout101 Mon 31-Aug-20 17:50:40

If you want to really buy yourself the most time, don't mention to the landlord about the 6 months as current 2 month notice is invalid so they longer it takes them to realise and give you the 6 months (they'd have to issue the 6 months from scratch, they can't include the time from the 2 months they've already given you) then the longer you have overall.

Butterer Mon 31-Aug-20 17:54:09

Burnout101

The 6 month covers everything except antisocial behaviour which is 3 months atm.

Yep. And if the l/l wants the tenant out once notice has expired (if they're still there and not able to move), they need to go through the courts for approval and then appoint bailiffs.

BitOfABugger Mon 31-Aug-20 18:14:46

Thanks.

I'll read the document properly later.

OP’s posts: |
BitOfABugger Mon 31-Aug-20 18:23:57

I've just c&p'd this from the shelter website...

From 29 August most notices will have to be at least 6 months.

Landlords can give a shorter notice where tenants are in more than 6 months' rent arrears or where there is antisocial behaviour.

This doesn't affect notices served before 29 August.

The date of the letter was 28th August but the notice period is effective from 1st Sept. So I'm guessing they've circumvented this 6 month rule then?

OP’s posts: |
Butterer Mon 31-Aug-20 18:29:32

They've tried to. If they took you to court to evict you once it expires, their case (if they were even able to book one) will be kicked out as notice hasn't been served correctly.

Butterer Mon 31-Aug-20 18:33:19

Oh hang on. Sorry, I've just re-read your last sentence.
Before the 6 month clause came in, the minimum notice was 3 months for section 21 / anything other than antisocial behaviour, during Covid. So even if you missed the date for it to apply for 6 months notice, you would still require a minimum of 3 months.

It hasn't been 2 months for a looooong time.

BitOfABugger Mon 31-Aug-20 18:34:42

It was 2 months on the original tenancy agreement which is what she referred to.

OP’s posts: |
areallthenamesusedup Mon 31-Aug-20 18:35:37

Sorry if I missed this, but your landlord may sell to another landlord....and thus you may be allowed to stay on.

BitOfABugger Mon 31-Aug-20 18:36:54

No, they want us out before it goes on the market. Presumably so viewers arent put off by the potential for a tenant who won't leave!

OP’s posts: |
Butterer Mon 31-Aug-20 18:37:31

The 3 month rule was in place from 26 march -

england.shelter.org.uk/housing_advice/coronavirus

It's worth speaking to Shelter or CAB to clarify whether it should definitely be three, not six, but it sure ain't two.

Burnout101 Mon 31-Aug-20 18:37:58

They've still mucked up, before that date notice needed to be 3 months so it's invalid and they need to reissue it, which would now take it into the 6 month territory. As I mentioned above though, I'd only tell them this near the end of the notice they've given you, buy yourself as much time as possible. It's not down to you to warn your landlord that they've given invalid notice.

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