To not move out of rented house until I'm ready?

[longtermsinglemummy]

I have rented my current home for 5 years. I've looked after it as if it were my own and we've been really happy here. The landlord lives abroad.

In April I had a phone call from the letting agents asking for the property to be valued as the landlord was looking into selling it (huge shock as you can imagine). To cut a long story short he did decide to sell the property and we were given 2 months notice on 21st May, which was then extended by another 2 months expiring on September 22nd as it was still unsold.

In this period I have complied with their wishes. I have had people view the property (which was galling as it feels like our home), and then a mortgage valuation and survey once the house was sold (they only told us it was sold at the end of July). Since then we have looked at so many houses both online and in person but there were none that we really liked or that were suitable for us. I also have legacy credit issues which have stood in our way.

I have finally found a house that we like, and they will have us

But am I being unreasonable in saying we are not able to move out by the 22nd? This date would put so much pressure on me as I couldn't get my head around moving until we had somewhere to move to, so still have loads to do. There is no chain, the buyers aren't selling their house and my landlord is abroad and has a home there. I also have to get my daughter back to university which wipes out one weekend. My ideal scenario would be to vacate the house on Monday October 10th, 2.5 weeks after my notice runs out.

I just feel that I have been a really good tenant over the years, I have been compliant during this horrible shitty period when I could have been obstructive had I chosen to be. The letting agents are saying it has to be Sept 22nd and it's not possible to go past this date, contracts have been drawn up etc.

Surely another 2.5 weeks couldn't be that much of an issue?

[Inyournightdress]

I mean yes it doesn't seem unreasonable to ask for more time but legally your landlord is only required to give you a months notice.

[LRDtheFeministDragon]

I don't see the harm in asking - it might be that the LL has no issue with it.

However, I do think if he says no, you'll have to take it. It's not really unreasonable of them to sell the house, and it does sound as if you've had quite a lot of time to get used to the idea.

[39up]

Depends on his buyers. They might have given their notice and not have anywhere to live after that date, might need to get decorators in etc.

And he might just really need the money. He has given you 2 months notice. I think you're being a bit U.

[EssentialHummus]

Well, ask them and explain your situation. Ideally go to the LL directly. I use agents for my one BTL and they can be hopeless.

I'm not going to into the why's and wherefore's of S21 notices and whether you can legally stick around or wait for the bailiffs, since it doesn't sound like that's what you're asking about.

[GrimmauldPlace]

So the house has already sold or completion is on or around the 22nd?

[allsfairinlove]

You can ask of course but if they say no, I think you'll have to accept it.

[longtermsinglemummy]

Thank you for the replies. I know it's not unreasonable to sell the house, but for the sake of another couple of weeks I really don't see the problem or what harm it would do. The LL is the one insisting it has to be the 22nd Sept.

[t4nut]

You can ask, but if he's given you notice then that's the day by which you have to be out......

[Somerville]

Of course you're being unreasonable if you stay in a house after your notice period ends.

And of course you are not unreasonable to ask/beg/plead for a later exit date. But the issue will be that vacant possession is a condition of being able to exchange contracts. There may well be pressure from buyer on vendor of a fixed exchange/completion date.

[longtermsinglemummy]

MrsFizzy it has sold, they want to exchange contracts on Sept 26th apparently.

[chilipepper20]

It certainly doesn't hurt to ask. But to say it isn't much of an issue is not something you can decide. For example, if the sale is going through at that particular time, your current LL doesn't have a choice. the place will have new owners and it's then their property.

I'd ask. But I wouldn't imagine the LL is getting rid of you and that date to make your life harder, more because that is how the contracts work out. if you stay for 2.5 more weeks he gets that much more rent. If, as you say, you are a good tenant, that's free money for him, so I imagine he wouldn't turn that down unless he has a good reason.

Legally, however, I think two months is the proper notice. if he gave you that, then you are obligated to move out.

[longtermsinglemummy]

t4nut If I'm not out by that date, is there anything they can do about it?

[Charlesroi]

YABU - sorry. It's quite possible your landlord will risk losing the sale if you don't leave.

[bibliomania]

The buyers will need to see that you're out of the house before they complete. I wouldn't complete on a house with a sitting tenant, and the advice is not to. I believe you when you say you intend to leave shortly afterwards, but how will the buyers know that? They don't want to be stuck with the expensive legal headache of trying to get a sitting tenant out.

[longtermsinglemummy]

Charlesroi The sale won't fall through, the buyers are really keen to have it.

[PurpleDaisies]

I know it's not unreasonable to sell the house, but for the sake of another couple of weeks I really don't see the problem or what harm it would do. The LL is the one insisting it has to be the 22nd Sept.

We're buying a house now-two weeks can make a huge difference in making a sale work or not. We're currently moving between holiday cottages after our sellers messed up their timings and we're left with nowhere to move in to.

[chilipepper20]

it has sold, they want to exchange contracts on Sept 26th apparently.

there's your answer then. I don't think there is much you can do. he's not set that date to make your life harder, but because you need to be out for the buyer.

[itfcbabe]

Technically you don't have to leave on the 22nd you can stay until they get a court order to move you out and that would take weeks. Have you checked the section 21 is legal? If it isn't they have to reissue it and give you another 2 months.

[longtermsinglemummy]

bibliomania All the references have gone through for the new house, they know I'm moving but cannot exchange/complete until we have vacated, as you say

[MuseumOfCurry]

Charlesroi The sale won't fall through, the buyers are really keen to have it.

They want to have it empty of tenants, though.

[Blueskyrain]

Seriously, you've been given 4 months notice, it's not only unreasonable but unfair to expect to stay longer unless all parties agree. You risk the LL losing the sale (and don't think he'll be keen to keep you then) the potential buyers could lose a lot of money, they could be homeless.

You've had a lot of time to sort this out.

[eurochick]

It will be in the sale contract that the lNdlord has to provide the house with vacant possession. If he cannot do this because you are still there, your landlord will likely lose the sale or pay a heave financial penalty for late completion. You still have plenty of time. Find packers and movers, stop dithering and get going! You have had almost 4 months warning!

[chilipepper20]

but for the sake of another couple of weeks I really don't see the problem or what harm it would do.

I don't understand why you think you can make that call unless you have contacted the buyers. They may need it on that date for many reasons.

If I'm not out by that date, is there anything they can do about it?

you'd likely be able to stay there for 2.5 weeks. You will lose your "great tenant" credentials, and it may be a legal headache for all three parties.

[thecapitalsunited]

There's pretty much nothing the your LL can do if you stay put as they wont be able to get a court date to evict you in 2.5 weeks.

You actually hold the cards here as he wont be able to exchange until you are gone and he can't force you to go without a court order. I doubt (but don't know for sure) that you'd be liable for costs if he loses the sale because you would be acting within your rights.

Keep paying the rent though - and in full months even if you aren't staying the whole month so that you can't be accused of owing him money.