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AIBU?

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Original poster

AIBU to be absolutely shocked at my friend attitude towards her landlord and her not want to move out ???

257 replies

SpikeHairandFab · 28/04/2014 13:57

Hi, I just need to get some perception ,sorry ,I am afraid it is going to be long
My friend is buying house, she has wasted almost 5 months waiting for her dream house but she didn't get it at the end ( due to some massive muck up from vendor side, not her fault) . Now she is in process to buy a new house. Everything is o.k with this one ,she will move in at the end of June.
The problem is her landlord has served her a notice to vacate the house . It was served in Jan ,and her last day should be 24th of May. But she saying she will not move out, she will stay 5-6 weeks longer, even though her landlord sold the house he is living in now, and he want to move to the house she is renting from him.
I tried to explain to her that she really need to move out,as it is not fair on her LL , that he has given her enough time to sort something out ,and that the Law is on his side , but she saying she has nowhere to go, and she can't rent anything short term ,as it is going to be expensive. She also saying that he will have to get her to court , and that will buy her around month or so, she thinks there will be no consequence at all , she will go when she is ready , and she doesn't give a sh@t about her LL. Also she said she will stop paying him rent from 25th May , as he getting her to court !!!! I this point my jaw just dropped to the floor
I know she has 3 kids and therefore a lots of stuff , but it seems like she is trying to get advantage (not paying rent) out of this whole nasty situation.
I am really trying hard not to be judgy ,but I can't help, she is in very tough situation but I think she should at least try to do something.

Is she right that there will not be any consequence at all? She said she was reading some forum and that she got that info out from it.

She is my very good friend and even though I don't like what she's doing ,I really need to help her(not that she asked for any help). I have offered her to borrow some money , but now I am more concerned about what she is getting herself and her family in to by not moving out.
Will she get any record ?
Any advice would be highly appreciate .
Thank you for reading

OP posts:
Serenitysutton · 28/04/2014 14:05

She isn't doing anything criminal.

The LL is very unlikely to get her out before she wants to leave. It's not ethical but in all honesty there aren't likely to be consequences. Unless her LL is a hot head and sends the boys round to chuck her stuff out on the street.

BitterAndOnlySlightlyTwisted · 28/04/2014 14:05

Her landlord is running a lettings-business but she is in danger of losing her home. it's not a step I'd take lightly but if I was facing possible homelessness I'd do the same. Trying to find a rental for a couple of months until she's ready to purchase would likely mean taking on a holiday let rather than an AST and that would likely be extremely expensive.

Her landlord applying to court for possession will have no consequence on her credit-record or anything like that

OurMiracle1106 · 28/04/2014 14:06

When he does get her to court the court can order her to pay rent anyway. She won't get off rent free.

If she's not paying rent then she will also be evicted quicker.

Has she tried talking to and discussing with the landlord? They might be able to come up with a mutual solution.

Serenitysutton · 28/04/2014 14:08

It's only a month, LL won't get it to court or an eviction in that time.

Fleta · 28/04/2014 14:11

The LL could put the unpaid rent as a charge on the property she's buying.

Rather than sticking her head in the sand, I would suggest a discussion with the LL instead of her trying to con the LL.

Horrid. I'm glad she's not my friend!

LittleMissGreen · 28/04/2014 14:15

Her landlord is running a lettings-business but she is in danger of losing her home.
In this case though the landlord has sold his own house and wants to move into the rented own. He is also in danger of 'losing his home'. He is as unlikely to find a house for the 6weeks as the friend is.
She is definitely BU.

BitterAndOnlySlightlyTwisted · 28/04/2014 14:20

In which case the landlord has been reckless in assuming their tenant will vacate at precisely the date which is most convenient to them.

I'm on your friend's side save the not-paying-rent part. She won't get away with that.

WilsonFrickett · 28/04/2014 14:21

Of course she is being U. Her notice was served in Jan! I understand a short-term let will be difficult and expensive, but she is in the wrong 100%.

That said, posters are right in that by the time the LL gets to court etc she will have her new place. Doesn't make it right though.

For those saying the LL has a business - you don't know that. Most of the LL's I know have one flat that they couldn't sell when they coupled up. And if they need it back, they need it back. It's theirs.

TinyTear · 28/04/2014 14:24

I predict a bashing against the ladlord who dares to try and get some money out of a property

[popcorn]

SaucyJack · 28/04/2014 14:24

I've got no sympathy for Landlords who evict their tenants when it suits them to have their house back, without the tenant having anywhere concrete to go. Occupational hazard IMO.

yellowdinosauragain · 28/04/2014 14:25

Has your friend even tried to find a short term let? We were in a similar position of needing a place for a couple of months between the sale of our house and purchase of new one. We advertised on Gumtree looking for a short term let and had loads of responses. Ended up renting a house for less than the going rate as it was mutually beneficial.

yellowdinosauragain · 28/04/2014 14:27

I've got no sympathy for tenants who don't find somewhere to go with 4 months notice saucyjack. Hmm

Fleta · 28/04/2014 14:27

I've got no sympathy for Landlords who evict their tenants when it suits them to have their house back, without the tenant having anywhere concrete to go. Occupational hazard IMO.

Except he served notice in January - she has had plenty of time to find somewhere

whois · 28/04/2014 14:28

Well your friend sounds like a total scum bag. Why doesn't she do what most normal people would do and rent some storage and a service apartment for a month? Or actually talk to the LL and negotiate a months extension at a premium cost (so the LL can get storage and a serviced apartment).

Hopefully your friend will get her 'comeuppance' or karma or whatever in the future.

yellowdinosauragain · 28/04/2014 14:28

Especially ones who think they can not only screw over the landlord leaving them with nowhere to live but also thinking they can not pay rent too. Op your friend is behaving like a massive cunt, imho.

whois · 28/04/2014 14:30

SaucyJack - four months is long enough to find somewhere else to live. LL has so far been more than fair.

LL aren't here to provide a social service FFS, you want that get yourself on a housing association list.

KissMyFatArse · 28/04/2014 14:30

Your friend is being a selfish inconsiderate bitch. This is her problem and her way to resolve it is to make it her ll problem.

Serenitysutton · 28/04/2014 14:31

I think she will get away with not paying the rent bitter- what can the LL do?

Yoruba · 28/04/2014 14:31

Honestly? If push came to shove I'd almost certainly do the same. I'd pay rent and everything and investigate all options pretty thoroughly, but there's likely to be very little consequence no. There's no way they'll get it to court in that period of time and she's buying somewhere so doesn't need a reference. The landlord will almost certainly have been sensible enough to make a contingency plan for the tenant not vacating in time, its pretty common.

SaucyJack · 28/04/2014 14:31

Except he served notice in January - she has had plenty of time to find somewhere

She has found somewhere. Just not at a date that suits the LL. I couldn't care less personally.

BitterAndOnlySlightlyTwisted · 28/04/2014 14:32

Having a property that you can't sell and then decide to put tenants in there in the meantime means that you're just a landlord like all the other, more professional ones.

Landlords should not and cannot expect tenants to just shove off when it suits. Whether the landlord wants to live in the property or not.

The friend needing to wait and perhaps force the landlord to apply to court for possession is unfortunate but just a business-risk like lots of others. Courts are generally very busy, so this landlord may not get a court-date until July or August. That's just tough luck.

BitterAndOnlySlightlyTwisted · 28/04/2014 14:36

"I think she will get away with not paying the rent bitter- what can the LL do?"

The landlord will be able to retain the tenant's deposit, and if there is more rent owed at exit than the amount of the deposit they can take it to the small claims court. If they are awarded the rent (which they will) and the ex-tenant doesn't pay then it'll be CCJ-time

RiverTam · 28/04/2014 14:37

do you care about whoever has bought the house from the LL, Saucy? Just an ordinary Joe like the OP's friend, who has agreed a completion date which the OP's friend is now going to fuck up? What if they don't have anywhere to live at that point - care about that, do you?

Goodadvice1980 · 28/04/2014 14:37

OP, one thing your "friend" needs to consider with regards to the selling of the house; it is normal for wording such as "vacant upon exchange and/or completion" to be added to the legal documentation.

If the LL cannot offer this to his potential buyer then the deal may fall through at the exchange of contracts stage. He may try to claim any out of pocket costs from his tenant. Not a situation to really want to be in, is it?

Serenitysutton · 28/04/2014 14:38

You can't use the deposit for rent arrears - assuming its in the TDS- unless tenant agrees. Can def get a CCJ but that doesn't usually yield any cash.