Fuck. What do I do now?!

[CinnamonVanilla]

We put our flat on the market yesterday; I've done two viewings today, waiting for another one imminently. Got a few more this week, too. We've found the house we want to buy and got a MIP, we're all ready for this house to sell...

And my other half has just messaged me that he thinks he needs to resign. His role has been changed from client-facing to technical (a few months ago) and he hasn't grasped the new role, it isn't his forte. He had wanted to look for something else anyway, the big commute has been setting off his disability, but agreed to wait until after the mortgage and stuff was sorted. He's had a very serious email from his new manager... he got a new probation period when his job changed, so he could be let go with a weeks notice.

I can't get the mortgage by myself, I'm self-employed and don't have enough accounts yet.

Do we have to pull out and incur the costs? Do I try and convince him to stay? To take some holiday and hope that he gets it a bit more when he goes back?

We really need to move. He keeps apologising and I have no idea what to do.

[BumbleBeee69]

is he being SACKED ? then why does he have to leave today ?? I don't get his timing, it's pretty SHIT..

[Thehagonthehill]

Check the contract carefully,I can't believe they can charge if you withdraw.
If you decide that now is not the time to move,and it seems like it,then just don't accept offers or cook kippers before a viewing,make mess and make it look as if there is no storage space.
Hope your OH gets his job sorted soon.

[LittleAndOften]

Is your agent purple bricks by any chance? They have form for this - make people pay up front no matter what the level of service is. Traditional agents don't do this.

[bilbodog]

Most estate agents only take a fee if you sell so you should be able to withdraw from the market. You have very good reasons for not selling now - you havent just changed your mind. If you cant get your money back for the EPC dont worry as it will be valid for 10 years so you can use it in future if you want to sell later. If you do have to pay the agent to take your property off the market make sure you dont sign a contract like this again!

[pelirocco123]

He shouldn't have a new probation period because his employer changed his role . How long has he worked there , a weeks notice would be unusual

[Missingstreetlife]

Can he go sick?

[Bunglefromrainbow]

Hi OP, I think you have to pull out but check the contract as there may be ways around paying the £3k to the EA (such as leaving it on the market but not accepting any offers etc, I'm sure you could negotiate on this regardless so don't just pay the hefty fee)

But I came to say that what has happened with your husbands job does not sound strictly legit. He should not be doing another probation if at the same job and should not just have the 1 weeks notice unless this was always in his contract, he could well have a case for constructive dismissal if he left. Look into it, especially if he appears to be being managed out and it does sound like that is very possible. Good luck.

[JoxerGoesToStuttgart]

I think everyone’s jumping the gun a bit.

OP don’t do anything until he’s home and you’ve spoken to him about what’s happened. It’s sounds a bit strange that he’s saying he has to resign- rather than “I need to look for a new job” which is what most people would say when they’re hating their job. Could they have sacked him and he doesn’t want you to know?

Or does he not want to move and is doing this to cancel it all? I mean his timing is spot on really.

[berlinbabylon]

Usually with an estate agency you only pay them if they actually sell your property for you, and you can withdraw the property from the market if you change your mind. What you describe sounds like sharp practice to me, and not enforceable under the unfair terms provisions of the Consumer Rights Act 2015.

In terms of the "probation period" has he been with his current employer for more than 2 years (not in this job, with the employer)? If so, the "probation period" doesn't apply and he has whatever contractual notice period he is entitled to, one month, three months, whatever. Generally you are entitled by law to one week per year of service up a maximum I can't remember or the contractual period, whatever is longer. So for example if he's been there 6 years he would get 6 weeks' notice.

[CinnamonVanilla]

Sorry, I was doing the viewing.

He's been with his employer for a year and 10 months, I think, or just over. I'll dig his contract out as well as the estate agents one and have another read. He thinks his is one week either way, until November 2nd, when he'll have been employed for 2 years and employed in this position for six months.

He definitely wants to move, and he hasn't been sacked. He did come home a few weeks ago and said he wasn't enjoying it and he can't get his head around the technical side. I tried to help, but I'm not there day to day. He said he'd probably move jobs once we've moved house, which was fine. I don't know what has happened today, but I suspect they need him to produce technical specifications that he has never had to do before and doesn't know how to do, and he wants to resign to avoid being sacked when he tells them that. I'm not sure if he would be sacked if he explained, to be honest, they knew he hadn't done this role before when they "promoted" him into it. He does tend to catastrophise, so I was hoping this would be the same, and it'd blow over.

I am being very sympathetic to him and he will leave the job; if it's making him miserable and unwell, nothing is worth that. I love him to pieces. It's just the house that's baffling me; I've never sold before and I don't really have anyone I can ask (his parents would be the usual choice but they will stress if I tell them what has happened).

Right, off to find contracts, I'll be back. Thank you all again

[WarshipWarrior]

If you can afford it and you "need" to move then just move. It'll give him something to look forward to but you need to get the mortgage OFFER in place before he can quit.

[UnderHisEyeBall]

I don't know about the house but that is nasty of the employer. They are essentially making him redundant but in a malicious way. Does his contract state if he is entitled to redundancy pay before the two years are up by the way?

[DuckbilledSplatterPuff]

Can you check and see if your estate agent is a member of any of the estate agency code of practice? Paying the fee even if you have to withdraw doesn't sound right. There might be some advertising costs.. but they have to detail the actual ads etc. If the clause is in your contract you might be able to get the association to mediate and get you a better deal? I hope you find a way to work this out without penalty

[JoxerGoesToStuttgart]

If they’ve asked him to do something he cants do he needs to ask for support and some additional training. You don’t just jack it all in because you don’t know how to do something. He needs to be an adult and line up a new job before quitting and risking losing the mortgage and house purchase!

[madcatladyforever]

I never signed the agents paperwork, I wriggled out of it by being too busy and then they forgot to chase it up.
You will be stuffed if he loses his job OP and it certainly sounds as if he will, they could fire him just like that.
I think you would be much more secure waiting another year then trying again when everything is settled and you have 2 years self employed.
it is a no brainer really.

[joystir59]

Pretty sure you only pay when there is a sale OP.

[FinnBalorsAbs]

If you’d be happy undertaking a mortgage while he’s potentially out of work then look at a freelancer / contractor mortgage broker.

DH and I used one when we were both being paid through our own limited company and had only one year’s accounts. We were told by every high street bank they wouldn’t give us a mortgage, and then a broker got us a great deal through Halifax only taking one year of accounts. Best £350 we’ve ever spent.

If you need the name of the company message me (I don’t want to spam unnecessarily but would really recommend them!).

[callmeadoctor]

Clearly if he is not up to the role then he is being sacked, he needs to refocus and find a job that suits.

[flirtygirl]

Op you have said you can afford it on your income. If the mip is good then just go ahead. Get your partner to stay as long as he can and not to leave for now.

If he leaves after the mortgage and move then so be it, that's life.

It depends on whether this is the house or whether you don't mind waiting for another one. And waiting for him to find a new job and waiting to get the required no of months of wage slips.

I would be going ahead if it was me. As long as you can afford it and you can.

[OrangeYellowLeaves]

@FishCakesFishCakesLovelyLovely If he's on probation in a new role he won't qualify for a mortgage anyway, will he? I thought it had to be six months in current role, precisely because someone could be let go at a weeks notice whilst on probation.

No, that isn't correct. You can be let go with a week's notice for the first two years, not six months. Being 'out of probation' doesn't really mean much, legally.

[BoomZahramay]

It's been a while since I bought and sold, but I thought the EA contracts were to stop you selling privately or via another agent and them missing out on their commission. I think you can still withdraw it from the market altogether. You'd only be in breach if you withdrew it and then sold it within the contract period via someone else.

[gostiwooz]

If he is still working for the same company, they can't give him a new probation period just like that. Perhaps you could investigate whether his employer acted lawfully.

[OrangeYellowLeaves]

I may be a lone voice but I think he has an obligation to you - to stay in the job while the mortgage goes through and you move house. Once that's done then fine, he can leave, because your salary alone can afford the repayments. I think he needs to step up a bit for now for the sake of the family!