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

[longtermsinglemummy]

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

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 you're a dreadful tenant.

You're being grossly selfish and entitled. If you were my tenant if give you an awful reference.

Actually the condition of quiet enjoyment overrides any clause such as that, and it is unenforceable. Seems its you that is unfamiliar? No-one has to facilitate viewings of their home if they don't agree to do so.

I don't precisely know the law, but if this is the case, then I imagine a tenant would have done this out of spite. Which is fine, but then plan on having a bad relationship with the LL.

From all indications, the LL is acting in good faith and gave plenty of notice. The sale date is set and likely difficult to move by the LL. If it was easy to move, why wouldn't he? Selling/buying a house is not easy in England. We tried to buy our place and got it a full 4 months later than we planned because of legal issues. Timing a sell if difficult.

DinosaursRoar You're completely spot on. But thank you for your kind words, I really appreciate it.

FloggingMolly you sound even denser hun x

No, it's really not FM who sounds dense here.

DogsAndCatsAndThings Thank you for your post but having been a tenant for 12 years, have never made a payment late, have maintained both properties to a high standard, I don't think you are in any position to comment.

Contract can say whatever it likes about viewings but right to quiet enjoyment overrides a contact by law. A tenant can decline any and all viewings under that right.

fluffy, afaik (I'm a solicitor, but not a housing bod) quiet enjoyment is not absolute. Temporary interferences are unlikely to amount to breach of covenant for quiet enjoyment (London Borough of Southwark v Mills).

Any housing lawyers - not people who's aunty's hairdresser's son's friend's labradoodle went to court on this in 1972 - know any different/better?

I don't precisely know the law, but if this is the case, then I imagine a tenant would have done this out of spite. Which is fine, but then plan on having a bad relationship with the LL

1. why imagine it would be spite, and not the simple fact that a person paying to rent a home might not want endless strangers traipsing through that home when they aren't there (or even when they are)? Would you like to simply open your home for people to wander about in?
2. Why would you need to keep a good relationship with a LL who is evicting you to sell? They won't be your LL soon!

I've accomodated viewings before, on my terms, in exchange for a rent reduction to reflect the time and effort that it cost me. That's fair. Fairness on all sides is the key, not the bald lowest legally required rule.

Can I just add that having had advice on this situation that Fluffy and Saggy are both right. I did not need to let anyone look round if I chose not to. Regardless of what my tenancy agreement said.

Why do some posters need to be so hostile?!

Oh for goodness sake, you've had 4 months, you've just refused to do anything about it until the house was sold, in the hope that it wouldn't sell.

A few years ago, my husband and I were given notice because LL wanted the house back. It was terrible timing for us, as I was on a probation period at work, and didn't know what was happening, so we didn't even know which city to look for a new place in (that depended on the job). We had to hedge our bets on a city, I was working about 90 hours a week during my probation period, we had a 3 month kitten, and were getting married in 6 months time.

We just got on with it. Seriously, don't be such a cow about this, and just pack up and leave. You've had loads of time.

And the right to quiet enjoyment is not relevant anymore. That phase has passed.

Fluffy They refused to accommodate a rent reduction.

It's just 2 bloody weeks! I'm going, it's done, we have a house. All I'm asking is 2 more weeks to get myself sorted out here.

And you should have refused to accomdate viewings! But never mind, its done now. You could stay until the bailiffs come, but I wouldn't. Time to cut your losses and vamoose.

Fluffy We'll be gone before they even get to court to apply for an eviction order. That takes 6 weeks.

Perhaps the buyers already have a deadline to leave their previous home and have nowhere else to go. 2 weeks in a hotel/B&B/relatives' home can be expensive and/or stressful.

And, again. IT'S NOT YOUR BLOODY HOUSE. YOU'VE HAD FOUR MONTHS TO GET READY. GET OUT.

If its 'just 2 weeks' then why do you care so much?
Is it worth potentially making other people homeless or losing thousands of pounds over?
its the height of selfishness.

I bet you'd be furious if you leave and then the new house won't let you in for 2 weeks, and you're homeless, even though that is potentially what you are doing to others.

you've had about 20 weeks already. What do you want - the moon on a stick?

I am surprised at so much naivety and selfishness of the OP

On a practical note, is the new house available for when you have to leave? If not, do you have relatives or friends nearby? It might be that a AIRBNB place will help fill the gap.

Fluffy We'll be gone before they even get to court to apply for an eviction order. That takes 6 weeks.

If the sale falls through because of you not vacating the owner can come after you legally - you do realise that don't you? It could cost you a lot of money in the long run for just 2 weeks.

Why do some posters need to be so hostile?!

Well, my theory is that they never get a chance to vent in real life so they bring it all here, but w/ever...

There are removals companies that will store furniture in the lorry trailer thingy for a few weeks. Ask around. Then if you have the budget move into a hotel for a couple of weeks and treat it like a mini holiday. If you don't, b and b. But you need to get your skates on and organize this stuff.

Make one last appeal to your landlord, giving him the date you move into your new place. If he says no, that's that. You could drag your feet and refuse to go, but it could get nasty. Can you cope with that?

Queenbee Naïve maybe. Selfish no.

And this is why I'm considering selling my rental property. How entitled can you get??

I used to be a housing lawyer - the quiet enjoyment right is subject to the terms of the tenancy, and most ASTs will require the tenant to let the landlord or others inspect, on reasonable notice, possibly for explicitly set out reasons - and prospective buyers could be specifically mentioned. Even if not, it is not unreasonable for the landlord to expect prospective buyers to view the property, and it doesn't breach the quiet enjoyment obligation to do so. (Maybe different if there are scores and scores of viewers.)

OP mentioned that L wants her out by 22 September, and he is expecting to exchange contracts on 26 September. Sounds to me like he is expecting to contract to give vacant possession, and being cautious he doesn't want to make that commitment unless he has VP. Also, the buyer's mortgagees will not be best pleased if someone else is living in the house after exchange - if they found out the mortgage offer could be withdrawn.

So there are solid logical legal reasons why the L wants the OP out before he contracts to sell. If she doesn't move, and he loses the sale as a result, he will be mightily displeased!

7 bathrooms???