I've messed everything up. Homeless with 4 children.

[BowAndArrow]

I've been stupid. So so stupid. Please don't feel the need to tell me that. I could not loathe my stupidity more right now.

We've accidentally intentionally made ourselves homeless. We have to move out 4 days after Christmas. At the moment we have no where to go. No where. I have absolutely no idea what to do. The council obviously won't touch us because we put in our notice intentionally. Family isn't an option and no friends. No money to get another property. Am actually terrified. Totally terrified.

AIBU to think there must be a way to sort this out somehow? Please be kind.

[CountryGirl1985]

Any luck OP?

[allthgoodusernamesaretaken]

Where is OP?

[BringMeCoffee]

I used to be a Lettings Manager and you can just retract your notice for the current property. Then if the Landlord still wanted you out, he would have to serve you two months notice. So this would at least buy you some time.

[Tiredtomybones]

Hope today goes well for you, OP, and you make some progress.

[Ausparent]

I would definitely contact the Landlord direct.

Remember that a lot of agents get an agents fee from the new tenant whenever the tenant changes and it is their interests for this to happen as often as possible so don't assume that it is because of some vendetta against you.

The Landlord is the one who loses out if the property goes without a tenant for any length of time so it is in their interests for you to stay. Plus they may have to pay fees to the agents for getting a new tenant as well.

[Motoko]

In actual fact, it's quite likely that the landlord will not want to speak with the OP direct. Most landlords that pay a management company loads of money to manage the property do so, so they do not need to deal with the tenant direct. The agent should act as the go between in exactly this type of situation

I'm aware of that, however, as has been demonstrated by a PP on this thread, letting agents sometimes don't do their job properly. I've heard other LL complaining that their tenants have contacted them after months of trying to get issues fixed via the letting agent. I've also heard of letting agents not securing the deposit, or arranging the annual gas safety checks.
It's ultimately the landlord who is responsible and they who would suffer the penalties. So as a LL, it's always wise to keep an eye on things.

OP has stated that the letting agent doesn't like her, so her fear about the LA making the decision not to help, is understandable.
Besides, Shelter would also advise OP to contact the LL.

[LouBlue1507]

Your Tenancy agreement should have an address for you landlord, go see him/her!

[Rebeccaslicker]

You're most welcome. I've seen many landlords fall into that pit so I think even though it is a derail it's worth it to raise awareness. Lots of lovely MN posters are landlords and some may have no idea about it!

[innagazing]

Thanks for your reply Rebecca. I'll research it further.
Sorry to briefly derail the thread.

[Rebeccaslicker]

Possibly yep! However it depends which scheme you're using. At least one of them has an option where you just log in and change the tenancy type to periodic, which is much easier.

Otherwise exactly as you say. I've even seen landlords hand back deposits early rather than have the hassle of it not being registered properly!

[innagazing]

Rebecca
Just for my clarification, are you saying, that if for example, a six month assured fixed term tenancy agreement had come to it's end but the tenant wanted to stay on, then the deposit needs to be returned and then taken again when the new (next) fixed term tenancy agreement is signed with the same tenant?

[Dragongirl10]

Op l am a landlord, l often have extended or temporarily renewed for good tenants whose circumstances have changed after giving notice...

From a landlords point of view,
if you pay on time, are courteous, and helpful re maintenance and don't damage the property, they won't want you to leave particularly at a notoriously difficult time of year to relet.

The landlord is in charge not the letting agent, call the landlord and calmly say that you would very much like to stay and renew your tenancy agreement. No lengthy explanation needed.

If you are as you say a good tenant, l am sure you will be able to stay.

[Butterymuffin]

As has been said, no one wants to move into a new house on 29 December. So I think there is a good chance that you will at least get through into January still there. I would look at what other letting agencies have available as Plan C.

[Kaykee]

Sounds horrendous for you, I’m goinf to be homeless in 3 months well less than that now as my landlord served notice on me as he wants to move back to the property with his family. It’s something deep down your know is going to happen and I couldnt afford anywhere else to move to just in case so now I’m in a position whereby myself (single parent) 4 kids and dog will be homeless ar the end of January. The not knowing where we will end up is bloody awful. Everyone wants safe affordable housing but if only it were that easy.

This house was initially rented with my ex who left, rented using our joint income so now I’m on my own and work part time all I can rent privately is a 2 bed flat. The ones I have approached won’t accept housing benefit or they won’t allow 5 people in a 2 bed flat. So I turned to the council. Very much doubt I’ll get anywhere there either

My mum lives 450 miles away so that’s not an option. So just need to look and look and look, and end up god knows where my poor 16 year old has exams in January too.
Glad you got to stay fingers x that I’ll have a home soon, the stress is unbelievable

[listsandbudgets]

Don't blame yourself OP. You made what you thought was the correct decision at the time. Circumstances changed - this was not your fault-

[Rebeccaslicker]

Innagazing - legally it would be a new periodic tenancy. This doesn't matter for the tenant IF she's happy with the landlord being able to serve 2 months' notice and if the landlord is happy with the tenant being able to serve 1 month's notice, both at any time. If not, a new fixed term offers better security for both parties.

However it could be v important for the landlord because of the obligation to register the deposit. Technically speaking a new periodic tenancy has been created. This means that you'd need to sort out the old deposit and register a new deposit - it's a total PITA and not really what the legislation was meant to achieve in these circumstances! But there would be a risk to a landlord of facing a future claim for 3 x deposit penalty or being unable to rely on a s21 notice if they just left it after agreeing to ignore a notice to quit. If you're a LL, best to remember this, in case you ever find yourself in this position; even a friendly tenant could suddenly turn if they think there's 3 x deposit at stake!

In fact, this applies any time a lease becomes periodic, not just in circumstances where a notice has been served.

[innagazing]

I know I keep saying you need to speak to the landlord, but you haven't once mentioned an intention to contact them, you just keep going on about the letting agent and your last landlord.
You really would be stupid if you only spoke to the letting agent.

In actual fact, it's quite likely that the landlord will not want to speak with the OP direct. Most landlords that pay a management company loads of money to manage the property do so, so they do not need to deal with the tenant direct. The agent should act as the go between in exactly this type of situation.

For those going on about having to issue a new tenancy agreement, I don't see that this would be necessary. The current agreement could just roll on, on a 'periodic' tenancy.

If I was the landlord in this situation (I am a ll) I would be pleased for it to continue for another month or two or longer, as it avoids the awkward Christmas period- not just for this tenancy, but for the future ones too! It also means that the tenant is willing to continue paying the rent, rather than refusing to leave, which is a stressful and expensive situation for both tenant and landlord.

[trulybadlydeeply]

OP, as you have said that one of your DC has significant SN, I would think they may have a SW from the disabled children's team? If so, is it worth contacting them to firstly alert them to this potential situation, and see if there is anything they can do to help? Ours has been supportive in all sorts of situations.

[madwoman1ntheatt1c]

I think it's actually really important that you confirm the status of the place you were supposed to move into. If you throw all your effort into renewing your existing contract, manage to do so, and the 'new/ building site' place is actually finished and ready exactly when promised, you are going to piss off your mum and her partner even more... especially when he 'gave his word' that it would be ready and you didn't believe him.

I waded through the posts and I couldn't find anywhere that you had had definitive confirmation that your new place wasn't going to be ready on time - just a visit to see it where you decided that yourself? Apologies if I misread that. It just seems to be a supposition and now you can't clarify because you had a row with everyone about it not being ready? it's probably worth eating a bit of humble pie on the family side (not because you were in the wrong, necessarily, but because you need to bloody well know if your new house has indeed fallen through, or if it will actually be ready on time despite your fears.)

[cakeymccakington]

Also please try not to worry about the letting agent. They can hate you as much as they like but ultimately it's the landlord who decides.
The letting agent might tell the landlord you're the worst tenants ever... but s/he knows you aren't because you've never had any issues in the current property so 'LL is clearly happy having you there

[Ceara]

PS Your history (or false rumours about your history?) with the previous property can't have weighed that heavily with your current landlord - they agreed to let their house to you. I would have thought what's likely to weight far more with them is whether you have paid them on time and whether all has gone smoothly with this current tenancy. So I would try not to worry too much about the past.

[Rebeccaslicker]

Ceara - the only problem with that is that the landlord can still elect to accept the notice. So it would put OP back in the same position, unfortunately :(

[cakeymccakington]

Sorry you've been flamed OP.
I think sometimes people forget that it's easy to be pragmatic about something when you're not in the middle of it.
Worry and anxiety are hellish and even if the situation can be potentially remedied it doesn't take that worry away.

I know you've said there are other issues with your mother but I do think it would benefit you to make amends with her.
Talk to her, move forward. That way you can hopefully get her partner to give you contact details for the new landlord.
Part of the reason this is so stressful is because you can't contact the person who can actually give you information... you're having you go through other people.

[Ceara]

OP, what a horribly worrying situation for you.

I'm a landlord, of the accidental variety. I would be delighted, in your landlord's shoes, to agree to let you withdraw your notice, unless I'd found a new tenant already, or you were behind with your rent. The prospect of having a tenant leave in the middle of the Christmas holidays, and possibly an empty property for a while in the depths of winter, is unlikely to fill any landlord with joy.

Letting agents sometimes take a more bureaucratic view and they also benefit by way of extra fees each time the property is re-let, so they may have a different perspective.

The agent will have to take instructions from the landlord so he/she will be contacted anyway, it's not the agent's decision. If you have the landlord's email I would be inclined to email them direct (or failing that, write by first class post) copying the agent in so that you are not going behind their back - and making sure to keep the email/letter strictly business-like in tone.

This is a long shot but it's worth checking your tenancy agreement to see what it says about service of notices. If there are special requirements, such as email not being a permitted method of service, your notice may be invalid anyway.

Also, if your initial fixed term has ended and you have moved onto a monthly periodic tenancy, did you specify the correct date in your notice? You must give at least one clear tenancy period's notice, and the notice end date must be the last day of a tenancy period (ie the day before a rental payment is due). If the wrong date and/or insufficient notice was given, the notice is also invalid. This stuff is actually surprisingly easy to get wrong - it bites landlords on the bum often enough when they are the ones serving the notice.

Of course, Murphy's law dictates that you will have served an irritatingly perfect and watertight notice, which can't be retracted unless the landlord agrees, but it's worth checking.

If your notice is invalid, that strengthens your position - but obviously if you have to rely on a technicality to force your landlord to let you stay, it isn't a great basis for a good ongoing relationship. But might at least buy you a few extra months to sort the situation out.

Good luck.

[Jerseysilkvelour]

What a horrible situation this is.

Just remember the landlord can't say no if you don't ask can they, and they might say yes. No one wants to move house on 29 December, it's the worst time for the lettings market (and January/February). And if you've been paying your rent few landlords will pass up the chance to have that continue versus a potentially empty house. Don't let the letting agent get in the way, it's not their property it belongs to the landlord and the landlord pays for their services.

I hope this resolves quickly for you and your family.