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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

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

378 replies

longtermsinglemummy · 13/09/2016 11:41

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 Grin

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?

OP posts:
OnionKnight · 13/09/2016 12:33

The OP has had four months notice FFS.

CafeCremeEtCroissant · 13/09/2016 12:35

At least you've taken the message on board that YABU

Now take on board that you cannot TRY to be out on that date, you NEED to be out on that date, for their sake & yours.

Honestly, posters on here advising the OP to just stay & go to court over it need to give their heads a wobble. It benefits NO ONE. The OP has had 5 months notice, how the hell much more would you like the OWNER of the property to give?

People in the UK wonder why there's not more rental property available...this kind of crap is why.

runslikethewind · 13/09/2016 12:35

i think if you have had four months notice, you should honor it, you wouldnt usually get that long for notice. The couple of weeks difference could make a big difference for the other people involved and they shouldnt have to explain their reasons or put off because you would like even longer to move.
I think you should be grateful you've had four months and let the landlord have the house when he wants, like i say you have had more than the required notice and many may say that was more than ample time to make arrangements.

PassTheCremeEggs · 13/09/2016 12:38

No buyer will risk committing to the sale (by exchanging contracts) until the tenant had moved out. So it is a massive risk to the sale for your LL if you don't leave on time. You've had loads of notice and unfortunately this is the major downside of renting. Yes it's been your home but it's not your property and you're not in control of when you need to move out. Hope you get it sorted.

LyraMortalia · 13/09/2016 12:40

Just ask, if they haven't exchanged yet it might be possible for all parties to work to the new date but I wouldn't exchange on a property unless it was empty and if they are firm on that date it possibly because the mortgage offer expires. Asking won't hurt though it would be normal for a rented out property to be empty for at least a month. I never try to sell our let property with a tenant in situ it's not fair on any one and your ll has benefited from no void period. Equally you have benefited from four months notice so just ask. Glad to read your update and good luck in your new home.

thecapitalsunited · 13/09/2016 12:44

Pointing out legal realities does not mean I agree with what OP wants to do. The OP wanted to know what would happen if she didn't leave. The massive pile on to scream at the OP to just leave didn't actually bother to do that in their haste to judge.

frostyfingers · 13/09/2016 12:44

I get the stress you're under, we're in a similar position and have had endless viewings/surveyors etc traipsing about the house. It's really unsettling and I totally understand the feeling of your privacy being invaded - I felt incredibly resentful whilst the photographer was moving bits around, ridiculous really but I couldn't help it.

However, I would imagine the house is being sold with vacant possession and that's that really. It's great that you've got somewhere to go and I'm sure that if you buckle down and get cracking it'll all fall into place.

TooExtraImmatureCheddar · 13/09/2016 12:46

Gosh. I am moving my family to the Middle East with only 7 weeks' notice. OP, don't be silly and get packing.

LyraMortalia · 13/09/2016 12:49

I always surprised that ll try and sell with tenants in situ it's so unfair on the tenant and the buyers.

LottieL · 13/09/2016 12:49

I want to mirror what everyone else has said - move out. It would be for no reason but sheer laziness if you didn't.

A question though, to anyone with more legal experience than me: if a tenant didn't move out (and all paperwork was supplies correctly to force them) and the sale of the property fell through because of that, would the landlord have any recourse in suing the tenant? I've always wondered!

HelloOrchidaceous · 13/09/2016 12:50

This kind of thing can't happen in Scotland now. A landlord needs a specific reason to end the tenancy, and selling the house doesn't count as that. If they need to move into themselves (or their spouse does) they can give you notice to quit, or you break the tenancy agreement. It's designed to give people more security in their homes.

sirfredfredgeorge · 13/09/2016 12:50

Check every detail of the notice, if it's not correct, then negotiate a compromise (either you delay, or they pay up to assist)

If it is correct, then move, it's not hard, but you're free to make the choice yourself. It seems unlikely that it's a proper notice if it was rescinded and then given again.

Happyhippy45 · 13/09/2016 12:51

Similar situation but we had fairly horrific events going on with family. We asked for an extension to give us time to deal with moving and family situation. The house hadn't sold. They refused to give us any longer. So we found somewhere else to rent. Lots of stress etc. We survived. New place was much nicer. Their house didn't sell for 3 years😂😂😂😂😂😂😂😂

scarednoob · 13/09/2016 12:51

YABU. The law says 2 months' notice. You got 2 months' notice. If you don't go on time, you could mess up his sale as he won't be able to give VP.

WinchesterWoman · 13/09/2016 12:52

Yes it's unreasonable.

BreakfastAtSquiffanys · 13/09/2016 12:52

Get off mumsnet and get packing

WinchesterWoman · 13/09/2016 12:54

Selling the house isn't a good enough reason to ask a tenant to leave? That must make landlords so picky. Must limit the property pool somewhat.

Cocklodger · 13/09/2016 13:02

I gave a tenant 2 months notice.
They failed to leave for a further month and a half.
I now take 15 percent of their earnings via an attachment of earnings order.
Financial losses, legal fees, Court fees (Had to get a CCJ), totaled £20,000;that man will be paying me for about 4 years.
Bad idea to piss off the person who has direct weight over you finding a home in future (Referencing) and has given you 4x the legal minimum of notice.

CafeCremeEtCroissant · 13/09/2016 13:05

That new law in Scotland - can you do a fixed term (of say a year) then the tenants have to move out? No questions asked. Renegotiated if both parties are happy?

I'm in England & may have to rent my house out next year as I may have to take up a contract elsewhere, I don't want it standing empty for both financial & risk reasons. But renting it out is filling me with terror, despite having been a landlord overseas.

HelloOrchidaceous · 13/09/2016 13:06

Not really WinchesterWoman, plenty of rentals around up north. Lots of towns landlords can't get tenants, not the over way round. Supply and demand cuts both ways.

One council even offering to pay a year's rent for economically active young people prepared to relocate there (Argyll I think).

There's an occasional column in the Scotsman written by a lady with a buy to let flat that she can't get let due to the draftywindows plus tenants have ample choice of properties in better condition. But replacing the Windows would cost more than she'd get in a year's rent, so she is loath to do it,

Plus council house building is at a 25 year high. For example, North Lanarkshire just announced they are about to build 1,000 new homes. Granted their are 12,000 on their waiting list, but that's a good chunk.

And a general upswing in council house/housing association building is predicted given the end of right to buy. So they wouldn't be investing in assets only to lose them.

So if there is the political will, things can be done differently.

CafeCremeEtCroissant · 13/09/2016 13:08

cocklodger. Did it cost you that upfront to get it sorted? Was it very difficult to get the Attachment of Earnings order in place? Honestly, the more I read on MN the more worried I get. But I really don't want to sell up as the contract would only be for a year & it's in London, where I couldn't afford to buy a place that I'd want to live in.

HelloOrchidaceous · 13/09/2016 13:09

CafeCreme No you can't do a fixed term and ask them to leave at the end of it. You can do short term holiday lets, that's the only thing that doesn't give security. The no fault notice to quit is over.

Here is a guide to what counts as a legitimate reason to ask a tenant to leave:
guidescotland.shelter.org.uk/get_advice/advice_topics/eviction/eviction_of_private_tenants/grounds_for_eviction_-_assured_and_short_assured_tenants

HelloOrchidaceous · 13/09/2016 13:10

oops, link fail

Guide

IAmALeafOnTheWindWatchHowISoar · 13/09/2016 13:16

I've had 10 days to find a property to rent in a town 2 hours from us and pack up a 5 bedroom, 3 living room, 7 bathroom, kitchen, utility and dining room house. We will have to downsize to a 3 bedroom, 2 1/2 bathroom, 1 living room/dining room, 1 kitchen (that's as big as my current living room) place so I am selling stuff on FB pages as well.

We move tomorrow and I reckon we should just make it by the skin of our teeth.

With in all that DH has been working and also has a busted shoulder so can't do any heavy work so that's left for our oldest boy and me. One son is severly autistic and the other ADHD, so I have to deal with that as well. Finally they have been working and going to school in the town 2 hours away for the last 10 days so they have had a 4 hour commute on top of everything and so are limited help anyway.

If I can do it then you definitely can.

Blackfellpony · 13/09/2016 13:17

I think your being really shit if you don't move out.

It's not your house and it's the risk you take when renting sadly.