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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:
WiggleYourWoo · 13/09/2016 13:18

What? What??? YABVVU and a twat. Here, I said it.

CafeCremeEtCroissant · 13/09/2016 13:19

Hello. Your link didn't work for me, but I found the site. From what I've read on the site you can still do 'short assured tennant' agreements of a fixed term where the tenant is required to move out at the end of the fixed period.

Littleballerina · 13/09/2016 13:21

Sadly this is the reality of renting.
It isn't your house.

CafeCremeEtCroissant · 13/09/2016 13:22

hello. I followed your second link. I think you'll find that on,y applies to short assured tenancies if you need to evict a tenant during the fixed period, not at the end of it

CafeCremeEtCroissant · 13/09/2016 13:24

IAmALeaf. OMG. You're a star! Well done. I really hope it's something GOOD you are moving for & not something bad/sad.

Cocklodger · 13/09/2016 13:26

It cost me the lot upfront I'm afraid but it was easy enough to get the attachment of earnings order, but that was after the ex tenant set up a payment plan and defaulted on it so I was able to take him back to court (Adding an extra £750 onto my legal fees and more, can't remember exactly how much on court fees and fines for him to pay to the courts) to have the same payments taken directly out of his salary.
I made a loss immediately as I was unable to move new tenants in, had to enlist help of solicitors (At the cost of about £150 per appointment) I had also paid out for the eviction but the tenant left of his own accord before eviction time. It was all very messy and very bloody costly but in the end its the ex tenant whos paying for it. That being said, If ex tenant was unemployed or in sufficient financial difficulties for bankruptcy, dro, IVA etc. I'd be fucked and would've spent it all out for nothing really... So proceed with caution.

calmbeforeiloseit · 13/09/2016 13:28

Unfortunately OP I don't think you really have much standing. He has given you the legal notice of a month (far more) and from what you have said, the 22nd seems to be a day agreed by both the parties.

You can ask, but, if I were you, I would start packing and looking into temporary accommodation as it seems unlikely.

As you've been there for five years it would seem you have had an amicable relationship and tenant-owner therefore to have the intention of simply not moving out on the agreed day seems somewhat unfair and quite irresponsible. The sale could fall through and if that were the case he would not give you a good reference which may result in your subsequent home being loss, leaving you with a far greater issue of yourself and your family being homeless permanently.

Could you stay with your parents, inlaws, family or friends? Really hope you get things sorted! Flowers

PaulAnkaTheDog · 13/09/2016 13:29

Some people have such a bizarre sense of entitlement.

TheWomanTheyCallJayne · 13/09/2016 13:32

You need to move by that date.

If this happens to you again though you are well within your rights to not have people look around while you are living there. Would make it far more difficult for them to sell it out from under you. Check your agreement next time.

TeacupDrama · 13/09/2016 13:33

hello
i have followed the link as I too as live in scotland and was sure you could still give notice to tenants at the end of six months or whatever the short term agreement was and your link shows it is. what you can't do and indeed rightly is evict someone before period is up without a reason ie rent arrears mortgage default landlord dying or needing the house etc.

the reasons are much tighter for scottish regulated tenancies but there have been no new tenancies of that type since 1989

Justaboy · 13/09/2016 13:36

Have you managed to speak directly to your landlord as yet and ask him of you can come to a very short term rental agreement to cover the extra period at all IANAL but i think that should be possible. After all a lot of places were we are are on sometimes weekly lets.

MuseumOfCurry · 13/09/2016 13:41

Great that the OP has reconsidered, very sensible.

As for those of you who have made the suggestion that she might wait until the LL gets a court order - well, what a shame that you have so little regard for a written contract.

BipBippadotta · 13/09/2016 13:46

Nothing to add that hasn't already been said, except that 'massively taking the pies' had me doubled up with laughter for some reason. Don't be a pies-taker, OP!

And happy packing. It'll get done by hook or by crook and you'll have a new lease of life in the new place.

Floggingmolly · 13/09/2016 13:48

Honestly, the propaganda bandied round this place sometimes! I can't believe someone seriously so fundamentally misinterpreted something and then presented it as proven fact assumed there had been a law passed which precluded a landlord from ever asking their tenants to leave...

sparechange · 13/09/2016 13:53

Can they pay for removals and a packer to assist you on your way? As you would hate the sale to go through due to only just having found somewhere to live?

Yes, because making veiled threats of financial loss to people always helps you get what you want. FFS

TallulahTheTiger · 13/09/2016 13:58

FloggingMolly also thought that was a bit odd and not something Id heard of in Scot's Law- although it has been a while since I've rented!

FluffyWuffyFuckYou · 13/09/2016 14:00

Do you think these attitudes (its not your house, get out when you;re told, count yourself lucky etc) contribute to the very poor renting situation you have there in the UK? No security for tenants, no legal recourse for landlords, its all such a mess from the sounds of it.

Where I am OP would have got 6 months notice after being there for 5 years, and prior to that would have had an automatic 4 year tenancy only breakable in limited circumstances, with controls on how often and how much the rent would be raised.
Much more civilised

SaggyBaggyPuss · 13/09/2016 14:10

Have to be a minority on this but OP YANBU!

The LL has had the benefit of you paying full rent while he encroached on your right of peaceful enjoyment and invaded your privacy with viewings so that he could sell the property for his benefit.

I think the least he could do is give you a little leeway.

It doesn't matter how long the OP has had as notice. The only reason the LL extended the Section 21 period for a further 2 months was so that he could continue to get the full rent for the property until it was sold, not out of any consideration that OP could not find a suitable property.

BUT.. according the most of PP on here, the peasants should do as they are told by their masters [hmm}. Legally you have every right to stay there until bailiffs turn up to evict you. If doesn't matter what the Tenancy Agreement states. You certainly could not be held responsible for costs if he loses his sale Hmm.

I doubt the LL cares what inconvenience it causes you to move out (massive upheaval) when legally you don't have to, so why should you care about any inconvenience to him? I would put my own family first within the constraints of the law every time.

Floggingmolly · 13/09/2016 14:14

You sound a little dense, Saggy, if you don't mind me saying?

PurpleDaisies · 13/09/2016 14:15

saggy did you miss the land lord have the op four months notice? That's double what's legally required.

FluffyWuffyFuckYou · 13/09/2016 14:17

He didn't really give 4 months notice, he gave 2 and then another 2 only because he hadn't sold it by then, which is not quite the same thing (legally as well as practically).

Justaboy · 13/09/2016 14:20

Course you can play up a bit with your landlord but somewhere long the line someone else may ask for references and then if renal competition is tight in your area that may come back to bite you big time.

as to saggy baggy;

The LL has had the benefit of you paying full rent while he encroached on your right of peaceful enjoyment and invaded your privacy with viewings so that he could sell the property for his benefit.

Most all AST agreements have a clause in there re that to permit the Landlord to let prospective now tenants view the property.

purplefox · 13/09/2016 14:20

but for the sake of another couple of weeks I really don't see the problem or what harm it would do

The buyers not having a home for a couple of weeks is quite a big problem, stop being so selfish, you've had more than enough time.

Original poster
longtermsinglemummy · 13/09/2016 14:21

Thank you Saggy!

I may have had 4 months but I was unsure whether the house would sell, we love it here so the worst case scenario would be to move and it sits empty, and is then relet. We have HS2 planned to run practically at the end of the garden too. So we've really only had since the 29th July which us when they decided to say it had actually been sold. We've looked at houses in the meantime but have the credit obstacle.

I have maintained this house at my own expense over the last 5 years, my landlord has had to expense very little, and has had the privilege of his mortgage being paid. I'm not asking for another 2 months, just 2 weeks!

OP posts:
chilipepper20 · 13/09/2016 14:22

The LL has had the benefit of you paying full rent while he encroached on your right of peaceful enjoyment and invaded your privacy with viewings so that he could sell the property for his benefit.

The LL has to deal with repairs and the risk of property values dropping. I know 2008 was a long time ago, but many LLs lost their shirts while tenants got to watch from the sideline (i was a lucky one of the those). it's not one sided.

Presumably, viewings were in the lease.

It doesn't matter how long the OP has had as notice. The only reason the LL extended the Section 21 period for a further 2 months was so that he could continue to get the full rent for the property until it was sold, not out of any consideration that OP could not find a suitable property.

If the OP felt this was unfair, he/she could have moved out. Neither party is giving charity here.

BUT.. according the most of PP on here, the peasants should do as they are told by their masters [hmm}.

the peasants, like the LL, are supposed to follow the law. The LL has done his/her part.

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