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

[BitOfABugger]

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.

Ok. Thanks for all your advice.

I'll call Shelter this week and see waht they say.

I'd forgotten that covid had changed things.

They want me to sign and return a slip to say that I've received, read, understood and accepted the notice.

If I don't return that by the end of the week, she'll chase me for it.

Ah I see, so if the 2 month notice period is invalid because it should have been 3 them the new notice period would be issues after 29th Aug so will fall into new 6 month period?

If the guidance is non statutory, are they obliged to follow it?

How was the letter served? (Hand delivered / post etc?) What date did you actually get it?

Definitely check with Shelter before doing anything, IME there shouldn't be any obligation for you to sign or return that slip and you could just tell them no, but I've been out of housing work for ages so might be out of date on that.

It's not guidance, it's statutory (apart from in few cases such as antisocial behaviour and 6 months of rent arrears but hopefully they don't apply to you), they can't choose not to follow it.

And yes, by the time they reissue the notice it'll have to be 6 months.

Tenancy started pre 2010.
It's a letter not a form. I'm assuming she'll have sought legal advice on the wording. She did for the tenancy etc.

Your tenancy will say two months because this has been standard for years now. Covid changed everything and initially the two month notice period was extended to three months and then just recently to six months as other posters have said. It's not optional. You definitely have at least three months, possibly six depending on the date the notice was served.

Your LL also has to be compliant in several other areas for a S21 to be valid. These are correct deposit protection, valid gas safety certificate, valid EPC, how to rent guide issued at start of tenancy. If any of these were not done correctly, the S21 is invalid.

I'm not suggesting you want to make your LL's life difficult and in all honesty, they are probably exiting the market due to increased regulation and worse tax regime, but it's not nice for you to feel stressed about finding a new home either.

Also, don't be guilted into allowing viewings if you don't want them. Agents spout all sorts of crap and there may even be a clause in your tenancy agreement about allowing them, but ultimately, you do not have to allow anyone to enter your property if you don't want them to regardless of what the tenancy agreement says. A badly worded tenancy agreement does not trump the law and the law is quite clear on this. Most LLs would accept they have to wait until they have vacant possession before showing the property.

Just to check, are you in England, Wales or Scotland? And if you paid a deposit when you moved in have you checked if it's in a deposit scheme?

This link explains things well england.shelter.org.uk/housing_advice/eviction/section_21_eviction/how_to_check_a_section_21_notice_is_valid

And she has to serve it on a form 6A for it to be valid - check the gov website for an example.

@Butterer

Actually I'll take the 6a bit back - it needs to be a form 6a, or a letter with all the same information on it. And it's not relevant anyway because of your tenancy start date, if I'm reading right.

Definitely definitely speak to Shelter. They can be hard to get through to but definitely worth persisting.

Ah, just saw your tenancy predates 2015. In that case, as said above, the 6a form doesn't necessarily apply.

@Butterer

Your LL also has to be compliant in several other areas for a S21 to be valid. These are correct deposit protection, valid gas safety certificate, valid EPC, how to rent guide issued at start of tenancy. If any of these were not done correctly, the S21 is invalid.

Not necessarily- the EPC/how to rent bits at least have only been in effect since 2015. The tenancy deposit scheme has only been a legal requirement since April 2007.

Yes, agreed, I hadn't seen OP's comment about her tenancy start date. Thanks for clarifying.

This link explains about deposits paid before 2012 - your LL does have to protect it to issue a S21.

I think my earlier points about EPC and how to rent also still apply when a s21 is issued - so tenancies from before their introduction date would need to have them issued for a S21 to be valid. But no need to issue them in other circs.

As others have said, call Shelter and they will advise you what to do. Usually their advice is stay put and bugger the LL. (They don't like landlords).

Sorry, link here - england.shelter.org.uk/housing_advice/tenancy_deposits/tenancy_deposit_protection_rules

I understand they’d like vacant possession guaranteed so waiting till you’re out to put the property on the market, but I do think you could come to an arrangement whereby you extend your tenancy by a month or so til post Christmas- I’d be open to that as a LL as long as I had a definite date that you’d be vacating the property then it wouldn’t be an issue for buyers. No one will get a house sake through before Christmas if it goes on the market 2 November so I’d be happy to have the rent for another month.

Don’t ask don’t get! Have a reasonable discussion with your LL on the phone and see what they say. If you find a new rental sooner, great. If not, it buys you some more time.

Great thanks so much for all this. It clarifies some stuff and at least give me a bit of confidence.

Yes, it has a valid gas certificate.

I've been here so long that moving in predated the deposit protection scheme too! Honestly, they've just left me to it. I've treated it like my own place, looked after it, redecorated, done minor repairs (properly) myself. I've been in no hurry to move on.

And it's good to have some advice from the other side too. Much appreciated.

There have been no problems during the tenancy on either side. The last thing I want to do is leave on a sour note but I need to protect my children's security too.

I'll get onto shelter this week.

I've got a viewing somewhere this week - not ideal but it's a start.

Funnily enough, there are other big things happening too. Maybe this is just the universe telling me I'm ready for a new chapter in my life.

I concur with all the above

The 6 months thing is the law - it comes under the general umbrella of the Covid emergency legislation.

As I said before the courts are so clogged that even if your landlord has served valid notice (and validity also takes into account things like giving you gas safe certificate, EPC and rental rights document at the outset of the tenancy) it will be nigh on a year before the bailiffs knock on the door, which is the ONLY day you HAVE to leave the property.

@VanCleefArpels

I concur with all the above

The 6 months thing is the law - it comes under the general umbrella of the Covid emergency legislation.

As I said before the courts are so clogged that even if your landlord has served valid notice (and validity also takes into account things like giving you gas safe certificate, EPC and rental rights document at the outset of the tenancy) it will be nigh on a year before the bailiffs knock on the door, which is the ONLY day you HAVE to leave the property.

Please also be aware that jf you chose to take it to court (I'm not sure you will by the sounds of your posts), technically the court costs are yours to pay.

The tenant doesnt take it to court, the landlord has to apply for a possession order and cannot pass on those costs to the tenant. The tenant has legal
Possession of the property until ordered otherwise by the Court

citizens advice have a helpful website too

Thanks. Yes, tbh, I'm not belligerent. I'm not going to get all, "well this is my home, make me leave!" about it. The 3, potentially 6, month thing is useful to know and I will seek advice about that but realistically, my query was about what would I do if the notice period expires and I don't have anywhere else.

I'd continue to pay rent anyway. I'm not a dick. And I wouldn't want bailiffs turning up on the doorstep either! Like I say, I've enjoyed living here, it's their house to sell I'd they wish but obviously I do have rights too.

Hopefully you are reassured that if you haven’t found anywhere on the day the notice expires (whenever that is!!) you don’t need to worry. On that day the landlord can ask for a court order, they can’t turf you out without one. (And you are allowed to change the locks if you are worried about anyone letting themselves in when you are out)