AIBU to expect estate agent to help me?

[Elizabeth1984]

Is there anyone who knows about tenant's rights on here? We agreed with our estate agent to rent our flat on a rolling contract until our new flat was ready for us to move into. She knew we could rent another flat on a similar basis if this wasn't suitable for her, but she said it was fine.

Next minute she puts her flat on the market and gives us notice saying she is going to rent the flat to the people buying it before they exchange contracts. I understand that this suits them best.

The problem is she told this to dp who said it was all fine. But what it means for us is we have to move out of our home with 3 kids, and hang around waiting for the sale to complete on our new flat. We don't have anywhere to go. Our kids are looked after by a nanny who works from a flat, so we won't have any childcare, I'll need to take all my annual leave to look after them in this time period.

Basically Dp is an idiot, but I was too stressed to wade on and sort it out. Now I've got my head around it I'm wondering if we can refuse to move out the flat for at least a week (or more). Will we be breaking the law?

Rolling contract or not, you have 2 months notice from the time she told you. Check your contract, unless she's done something dodgy (possible as she's an EA and will know loopholes) then she has to give you 2 months to find a place. And often that's stipulated to be in writing.

Talk to cab but your notice period is what is in your contact. Sorry

You might find this helpful: england.shelter.org.uk/get_advice/private_renting/private_renting_agreements/assured_shorthold_tenancies

Check your tenancy agreement to see what it says about giving notice to end the tenancy. You should have a minimum of two month's notice. She cannot legally expect to evict you within a week unless you've seriously breached the tenancy agreement.

The law is on your side in terms of a minimum notice period, so you may be able to negotiate to move out before two months are up, but still giving you enough time to get a new home sorted.

Now's probably also a good time to start thinking about your deposit. Is it registered with the Deposit Protection Service?

I'm a bit confused. Are you saying that you need more than two months for your new flat to be ready?

It's 2 months notice from when your next payment is due.

That is notice for possession but if you stay put, LL would have to go to court to actually evict you and of course all if that takes time and it won't be pleasant for you to live like that.

I'm also confused. First - is your estate agent also the landlord, i.e. the owner of the place? That is the only person that matters.

second; if you are on a rolling contract, notice landlord to tenant is 2 months to expire on the date the rent is normally paid. Selling the place does not affect this.

that's the law.

I also second the comment to be certain about your deposit protection.

Yes the estate agent is also the landlord . Ah I didn't know 2 months was the rule. We thought it would just be one month. We'll need to check when we were first told about move out date. I don't think it was as much as 2 mths but could have been as I've had my head in the sand for a while! Just going to check now

Ah I've just checked, we we're told verbally on 21 May. So that is less than 2 mths to move out date. Thanks for your replies, that gives me something to work with.

YABU for expecting an estate agent to do anything other than what is best for them, in my bitter experience!

But I do hope you can work something out.

Has she confirmed in writing? She needs to.... my LL said he could accept verbal notice, email or letter only, it is the same whoever instigates it (that was 2 months ago, so not old news )

www.gov.uk/private-renting-tenancy-agreements/your-landlord-wants-to-end-your-tenancy

All the details are here.

Unless you've been issued with a section 21 notice you've not been officially been given notice. It sounds like you've not received one therefore the earliest your landlord can end your tenancy is two months from the next date you are due to pay rent. Having a verbal agreement from your DH that you will leave earlier than that doesn't matter one iota.

In addition to that, you don't legally have to leave on the date your tenancy ends (which is two months after the rent payment date after you receive the section 21). If you don't want to leave then your landlord will have to apply for an eviction notice with the courts which will take roughly 6 weeks to get to court and after that you'll have another two weeks before you legally have to vacate the property.

Since your landlord has seemingly buggered things up you won't have to leave for 4-5 months.

in that case, send a communication to her saying that as per the law, the earliest you will move out will be x date, 2 months after your next rent is due and will communicate again should it possible to move earlier.

there is nowt she can do about it.

Great - thanks all! That's exactly the info I was hoping for! I've already phoned her up and she was immediately on the back foot, because she knew things hadn't been done by the book. I'll phone on Monday about our exact move out date.

Good old mumsnet to the rescue!

so she knows she's taking the piss? Outrageous!

check your deposit is protected and take no prisoners.