Angry at landlord - WWYD?

[happy97]

I know that landlord/tenant threads on here sometimes don't end well, but here goes.

I moved to small village at the end of last November, away from my friends and family, I needed a clean break, although they're only 30 minutes away. I found this house and loved it. It was also on the market to sell at the time but I was assured that they were happy to either sell or to rent.

I've now been given 3 months notice to move out as they want to sell again. I feel like I was duped into believing that I could be in the house long term, I bought a dog, I've done things to the house and garden. I've really settled in the village and I don't want to leave.

The landlords have made it very clear that they need the rental income to pay for the mortgage, without it they are screwed, but they have also let me know (somewhat belatedly) that they desperately need to release the equity in this house to pay debts.

It's been on the market quite a few times in the past, but they only have a short window when it's vacant in which to sell it, and then have to relet it. I'm not sure it will sell easily, it's a niche house, not really a family house, lots of steps and a small garden.

My dilemma is do I facilitate what viewings there are, the landlady has agreed to rescind the notice and have a rolling 3 month notice so to speak and hope that it won't sell. Or do I cut my losses and find somewhere that will have me and my puppy.

As an aside they are crap landlords, they clearly don't want to be. There were a few things that they agreed to do before I moved in but they didn't. The house was full of their things despite renting it as 'flexibly furnished', half the garage is full of these things I don't need (bedding, pans, cutlery, scatter cushions etc). There are some repairs that need doing which they are not acknowledging.

Another thought is that I agree to work with them for 6 months, allow viewings, and if it hasn't sold at the end of this point insist on a new contract?

I've have taken the fact it's been for a sale a number of time as a sign they weren't committed to renting it out tbh and were only doing so to get some income from it pending sale.

It would be in their interests to work with you and in yours to work with them. You do not have to allow viewings at all as you have a common law right to quiet enjoyment of the place. However, what I would do is specify viewings are be on Saturdays only between certain times and conducted by the EA, not you.

I don't know what you think insisting on a new contract will achieve if they are so cash strapped they need to sell? It's also possible, remote, but possible that they will find a buyer who wants to rent the place out and is happy to buy with you as sitting tenant.

I'd start looking for somewhere else now.

Op l am a LL and this is pretty poor of them. What does your tenancy agreement say re notice?
If they are within their rights to do this, ie your assured period is over, then say you want a rent reduction of 15% to allow for the inconvenience of viewings for the duration it is for sale.
I have always waited until tenants have chosen to move on to sell but if l was forced to sell with a tennat in situ the very least l would do would be to offer compensation in the form of a rent reduction.

If you love the house would you be in a position to buy it? I have sold to a tenant once, l conceded the agents fee to them so they saved several thousands, and l had rent until it completed.Win for both of us.

@Dragongirl10 Thank you. You're right, the assured period is over. Unfortunately I'm not in a position to buy it. I was thinking about asking for a rent reduction, so will maybe suggest that. It feels like I'm playing a game of poker, relying on the fact it probably won't sell as it hasn't before. Plus given the current economic situation.

But it's really unsettling having this hanging over me.

Honestly, I think you were mad to rent it in the first place, knowing they were considering a sale.

Cut your losses, get someone new for you and your dog.

I can’t see what benefit there is to insisting on a new contract if it doesn’t sell and you stay on.

I’d cut your loses and move. A reluctant landlord is always going to be a problem because they have no incentive to treat you fairly and often don’t understand your legal rights or their legal responsibilities.
I wouldn’t allow viewings either. I’m a private person and careful about who I invite in to my home.

You don’t have to allow viewings at any time - even if your tenancy agreement says otherwise. The law is very clear on your right to ‘quiet enjoyment’ of the property. Likewise, if you feel the LL will enter whilst they think you’re not there, you can change the locks then replace with the old one when you vacate. Again, ‘quite enjoyment’.

They’ve mislead you.

If I were you, I’d jump ship and move somewhere a bit more secure and stable. Don’t have this hanging over your head, it’s good they’ve told you they are selling, it’s entirely possible the next owner could buy with tenants in situ as a buy to let anyway, but do you want to risk the possibility of having an eviction notice?

I was reassured at the time they were happy to either rent or sell. But it's becoming glaringly apparent that was incorrect. They want their mortgage paid but clearly are desperate to sell.

The conundrum I have is that if I do move out, they have a short period where it has to sell, then they have to relet it because they can't afford to not have the rental income. So I could have stayed here all along.

@AuntyFungal I know, you're right. But I've agreed with them to allow the odd viewing in return for not having to move out at the beginning of September. Although I can't see that there would be much interest at the moment.

I'd look for somewhere new to live. Even if it doesn't sell this time and you sign another 6 month contract, what's to stop them putting it back on the market whenever they want. So in a few months you might be going through exactly the same stress again.

They do sound like crap LLs, but, as others have said, I would not have taken it the first place, no matter their reassurances, as people can always change their mind for various reasons. I would say search for smth else if possible.

no, that isn't fair at all although no-one has done anything actually illegal.

or have they? Read the how to rent guide that they should have given you and check if they have fulfilled everything re smoke alarms, EPC, deposit protection etc etc. If outstanding repairs are bad enough, you can get to the council quick before the sec 21 comes and that will invalidate it. But if it is that bad, why stay? If they are in debt they won't pay out for fixes.

you don't of course need to leave at the end of the 3 months; if could be the best part of a year before the bailiff comes, but who needs that. You also don't have to allow viewings.

I'm afraid that due to the illegality of increased deposits and most other fees, rental with a dog will now be a problem. Sorry.

Unfortunately OP don't ever trust what EAs or Landlords say.

We have rented a good few times and I will always check to see if a rental has been on the market within the previous 6 months to a year. If it has I'll only consider it if its been sold and can see the proof of new purchase.

It may seem OTT but at the end of the day being a tenant is expensive and uncertain.

One thing that may help you when dealing with this is to take emotion out of it. I know its really hard as you love your cottage but you need to treat it like a business deal. You are the client. The EA is the LLs representative. Negotiate your terms but have a backup plan. And never ever take a word anyone says at face value.

It sounds like you’d be best out of there anyway.

mencken The repairs are superficial really. One cupboard has come off its hinges, the washing machine sounds like it's taking off when on the spin cycle etc. I am cross about the things they said they would do but haven't. I literally had a front door key when I moved in and that was it. No information about appliances etc. Plus spent the first day moving all of their things into the garage.

I do need to take the emotion out of it, but I've rented for a long time and it becomes my home.

@KillingOksana That's great advice. Thank you.

sloppy buggers. Appliance information isn't essential (although I always leave copies) but the place should not have been full of their crap.

I take it there's no inventory then?

There is an inventory but it's very generalised, as in various items in cupboards, pictures on walls, duvets and bedding in bedrooms. I've rented for a long time and I've never seen anything like it before! I have my own pans, cutlery, bedding. I didn't need theirs. It was almost like a holiday let!!

Maybe they had no intention to sell and then a pandemic happened.

I've had an email from the landlady saying they've been trying to sell for a long time. Initially I thought the same as you, but it's clear that their financial position hasn't worsened from before I moved in and they always intended to sell it.

I used to be a landlord (a reluctant landlord too - was my house, I moved in with my partner and had to tent out my house for a few years as it was in negative equity). I usually side with landlords on threads like this, but I will say that you probably have more power in this situation than you may realise. The landlord clearly needs your rental income. If you DON’T allow viewings, then they will definitely have a period of at least 3 months where is is put up for sale, viewings happen and the sale process goes through. In reality and in the current climate, this is likely to be much longer. Each month that the house is unoccupied, they have to pay mortgage, council tax (usually full council tax even though the house is unoccupied), gas and electric, water, insurances etc. Its VERY expensive to have an empty house. When I sold my rental, I put it up for sale when the tenants gave notice (I dis not serve them notice). I was very very lucky that I got a cash buyer within 4 weeks, and that solicitors only took 6 weeks for the sale to go through, but I still had almost £1000 per month to pay out for all the bills I’ve outlined above. I could not have afforded for the house to be unoccupied for very long.

So - either you refuse for viewings to take place, but the landlords may decided to take the hit anyone of the house being unoccupied (and probably end up renting it out again in the future anyway because this is not a good market to swll houses in), or you facilitate the viewings but try to get a reduced rent. The landlord will definitely want you to be staying as long as possible, so may be willing to reduce the rent.

A shitty situation all round, and worth being wary of the ‘for sale or to rent’ options in the future, as in these cases the sale is always the prefferred choice for the landlord

@happy97 it sounds like they will be unlikely to made repairs as they want to sell. Which is not great. And I would think they don't have the user manuals for the white goods.

In future it is also worth remembering that your tenant rights vary slightly depending on what type of furnishing the property has. If the property has a contract for unfurnished or white goods only then they should not be leaving anything in the property. And you would have been perfectly within your rights to refuse an inventory with the all the Landlords shite prized possessions on and demanded they remove it.

Unfortunately, I think they have you over a barrel by being so incompetent.

Just in reference to my last post. The last time I compare rights of contract types was a few years ago so things may have changed. But, you still retain the right to refuse to store other peoples shit in home you're paying for.

Get out quickly and leave them to their empty house in a bad market. You will never be able to relax in your own home because you know the eviction axe is hanging over your head. Don't allow viewings, take detailed photographs of everything so you cannot he blamed for damage and look for somewhere else ASAP.

Moving house is one of the most stressful things a person does in their life. It's also very disrupting and expensive. The landlords knew full well that they were only giving you a temporary rental and you would have to pack up and go through the hell of moving house when they decided they wanted to try selling again.
They sound like terrible landlords anyway. Don't drag it out. Find a place and give them their 30 days notice and leave them to their empty house with all its associated bills.