Renters won't leave the house I'm buying, they 'can't find anywhere suitable'.

[wirldsgonemad]

But thanks to covid, a section 21 means people have 6 months instead of 2 months to vacate and this means I get charged £4,250 extra in stamp duty, plus mortgage application fees and survey of £1k plus my life being on hold for 6 months.

They are fully aware of my position, they know I'm a single mother of 2 small children and they don't give two hoots that they're actions are costing me £5-6k and months of waiting.

God give me strength to get through these next few months without attacking them on a regular basis.

What would you do in my situation???

@Nith

If you can’t afford to buy your own you rent someone else’s. How dare they deny the owner the chance to sell?

People rent for all sorts of reasons, @CoffeeRunner, e.g. if they are working in the area for a few months.

They aren't denying any chance to sell. The vendor would have had no problem if he hadn't taken the mad decision to bring tenants in just after putting the property on the market. He can still sell with tenants in place, albeit not at the same price and not to people dependent on a mortgage. And he can still sell when the tenancy comes to an end.

What he can't do is break the law. It's hardly a terrible imposition, is it?

The tenancy has come to an end. OP said they signed for 6 months & they have had that 6 months.

[quote Sheepies]@JustLyra yes, unfortunately they don't offer anything similar (although it is something a neighbouring authority do from what I have read which is frustrating). Deviating from the thread I know, and I agree that the LL in the OP is unfair and cruel to the tenants to take them on knowing full well he is actively selling; but it is sad to see that the vast majority assume landlords are all money grabbing deviants without souls (not you btw, just in general on here). If there were some schemes that were transparent to tenants, fair to landlords (if renting for reasons other than simply lining pockets for extra cash) in that they don't have to be dragged to court if they have already given a lot of notice, it would be better all round. As it is, probably a fair few in a similar position to mine can't be facing the system as it is, and tenants lose out too.[/quote]
I think it’s criminal that schemes like the one I’ve been involved in are much less common (this one is coming to an end soon for funding reasons) as it’s made a massive difference to the quality of rental properties locally.

There’s been two levels of scheme available. One where you become a registered landlord. So the council come and inspect the property, they check all your certificates and they do a basic “do you know your responsibilities” tick-box quiz. For a small fee you can then use their repairs people (so you get access to a 24 hour repair team and they do the liasing) and they put you on a recommended list to anyone looking for a private rental.

The second, the one I currently use, is that they effectively rent your place from you for a period. They guarantee you a set rent everything month and they deal with basic repairs for the period (you can pick and choose what they do). They basically deal with everything and they also deal with damage insurance. It’s a slightly lower rent than open market, but it gets paid even if it’s empty so you don’t have that voids period or any fees to worry about.

They’re great schemes. Sadly they were a three year pilot and they’re not being kept on.

@SorryStateOfAffairs

As the tenants signed a 6 month contract on a house which was for sale, they can hardly complain about having to leave at the end of that time

And what if they weren't aware? It hardly sounds like the LL/vendor has acted transparently.

My thoughts exactly.

If it was advertised for sale or rent tenant may not have known it would be from under them. Maybe they even thought they would have first option.

The tenancy has come to an end. OP said they signed for 6 months & they have had that 6 months.

@CoffeeRunner ...and now they have a rolling contract that the LL can end by using the correct means.

If the LL had bothered their arse to know the basics about being a LL they’d have been given the notice months ago.

If they only moved in August under a six month lease the section 21 could only be served 4 months later anyway. You can only serve a section 21 exactly two months before the end of the lease. You can't let someone move in then expect them to go shortly after.

I was a LL, I'd just renewed my tenancy and my marriage broke down. I told my tenants, just said at the next renewal I wouldn't be able to renew as I needed to move back in, the found myself somewhere to rent for the next year. And I felt dreadful for that. Whilst they were there although it was my house it was their home.

You were very naive spending money out in a house with tenants in, especially right now, so unless you want to lose even more money you need to chalk it down to experience and pull out.

@ginghamstarfish

As the tenants signed a 6 month contract on a house which was for sale, they can hardly complain about having to leave at the end of that time. However this should all have been dealt with by the agent, solicitor and vendor, who should have been ready to 'evict' as soon as the contract was up. Sound like the tenants are peeved although they've had 6 months to find another place, and will stay until legally forced out.

Nope. Just nope.

The tenancy has come to an end. OP said they signed for 6 months & they have had that 6 months.

That's not how tenancies work. The 6 months is a minimum term. It has not been ended.

This happened to me twice. I didn't end up buying either flat in the end.

The first flat had tenants who refused to leave as they couldn't afford the rent on another 2 bed in the area (London). Eventually we dropped out when we discovered Japanese Knotweed in the garden.

The second flat was lived in by an elderly man and his even more elderly mother. The landlady there was ridiculous though, she didn't want to serve notice on them until the 11th hour to claw as much rent as she could. She eventually told us she had served notice. It then transpired 2 months later that her 'notice' was a phone call to say 'you'll have to find somewhere else soon'. So legally they hadn't been served notice. Landlady tried to make out she didn't need to serve a S21 as the tenants had 'wealthy relatives' they could live with and so could just leave when we completed.

We walked away. It took her several more years to sell - we kept seeing the flat advertised.

I would ask for a reduction in price to compensate for the disruption if you don't want to walk away.

@CoffeeRunner

And tenants moved in in August, then 4 months later in December were asked to leave, but not issued a s.21. Only when they said they couldn't find somewhere was a s.21 issued.

So they didn't even really get their six months. Now they have a s.21 meaning they have an additional six months.

I know acquaintances who sold a tenanted property, I'm not sure why is everyone saying it's agains some unspoken rules. Of course nobody wants to lose out and leave a property empty for half a year or so while the whole conveyancing takes place.

With Covid though, there are very few properties available to rent - in our area at least. We're renting at the moment and have been looking for something cheaper for a while but the only rentals coming on the market were £1000 more pcm. So the tenants might not be able to move out easily. I'm hoping the landlord informed them from the beginning that their tenancy was unlikely to be extended beyond the 6 months.

The tenancy has come to an end. OP said they signed for 6 months & they have had that 6 months.

DP and I have just moved out of a rented house. We signed a six month contract in March 2020 that ended in September. Doesn't mean we had to pack our shit and leave then and there! It moved to a rolling contract, until we decided to end it with a months notice.

From what you're saying its the vendor that has been a cheeky fucker, dishonest with both you and his tenants.

I think in your shoes I'd be asking my solicitor to seek compensation from him for my financial losses.

The tenancy didn't end. A 6 month FTC just means that's the minimum length, it then becomes a rolling tenancy. This is perfectly normal and how the vast majority of tenancies start and then continue. Calling them squatters is ridiculous.

They've been told to leave. The landlord doesn't want them there. For them to stay is squatting where they are unwelcome. It may be legal but it's daft. And the law needs to be changed.

No wonder desperate landlords take matters into their own hands to get their property back.

I don't understand why anyone would think it's fair to stay on when you've been told to leave a house that isn't yours. Madness.

The tenancy has come to an end. OP said they signed for 6 months & they have had that 6 months

Good grief. There really is no accounting for the stupid that is still revealing itself 22 pages on! 🤣

This isnt a matter of opinion where people can, realistically, argue for different sides/perspectives/opinions.

It's written in law that is freely available for anyone who wants to find it to read.

It's just a fact only some people are still arguing against fact.

Do you also want to insist that the sky is green?

@Radio4Rocks

The tenancy didn't end. A 6 month FTC just means that's the minimum length, it then becomes a rolling tenancy. This is perfectly normal and how the vast majority of tenancies start and then continue. Calling them squatters is ridiculous.

They've been told to leave. The landlord doesn't want them there. For them to stay is squatting where they are unwelcome. It may be legal but it's daft. And the law needs to be changed.

No wonder desperate landlords take matters into their own hands to get their property back.

I don't understand why anyone would think it's fair to stay on when you've been told to leave a house that isn't yours. Madness.

Your stubborn refusal to acknowledge that you're wrong is quite ridiculous. The landlord only gets to exert their wishes at the point that they choose whether to engage in a legal contract with the tenant or not. After that they have to abide by the law. They have perfect autonomy in the choice to let a property or not, and that's where it ends. I don't understand how you can't grasp that a tenancy agreement means the property IS yours for the duration that you are legally occupying it.

I don't understand why anyone would think it's fair to stay on when you've been told to leave a house that isn't yours. Madness.
I'm going to say this slowly.

Because. That. Is. The. Law.

No one is forced into becoming a LL. If someone doesn't want to comply with the law, then they don't get into that business!

I'm sure there are aspects of many laws that seem unfair to people who don't want to comply with them!

Having tenants in your property when you no longer want them there is not like having houseguests who have outstayed their welcome.

Your stubborn refusal to acknowledge that you're wrong is quite ridiculous. The landlord only gets to exert their wishes at the point that they choose whether to engage in a legal contract with the tenant or not. After that they have to abide by the law. They have perfect autonomy in the choice to let a property or not, and that's where it ends. I don't understand how you can't grasp that a tenancy agreement means the property IS yours for the duration that you are legally occupying it.

I'm not wrong. It isn't ridiculous to say an unfair law is unfair. Not sure why you think laws should never be changed. I was sad to see the back of the corn laws.

It's the law that's wrong. Your stubborn sticking to the letter of an unfair law is ridiculous. They may be legally there but the landlord wants them out. That's where the law is wrong. It isn't their property. They'll be lucky to get a landlord reference when they do decide to do the decent thing and move out.

@SorryStateOfAffairs

I don't understand why anyone would think it's fair to stay on when you've been told to leave a house that isn't yours. Madness. I'm going to say this slowly.

Because. That. Is. The. Law.

No one is forced into becoming a LL. If someone doesn't want to comply with the law, then they don't get into that business!

I'm sure there are aspects of many laws that seem unfair to people who don't want to comply with them!

Having tenants in your property when you no longer want them there is not like having houseguests who have outstayed their welcome.

*I'm going to say this slowly.

Because. That. Is. The. Law.*

They may be legally there but the landlord wants them out.

And there's your answer!! They're LEGALLY there. Jesus christ.

@SorryStateOfAffairs

I'm going to say this slowly.

Because. That. Is. The. Law.

Comprehension difficulties? I've said several times that I know it's legal. I just don't think it's right and the law should be changed. What part of that was too difficult for you to understand?

I'll write it slowly for you if you need me to.

@wirldsgonemad

I'd really and honestly pull out now.

What's the point of wasting time and money on this not to mention the stress.

There's tonnes of places on the market up and down the country. When we wanted a house in a particular area we got an estate agent to do a mail drop to the addresses we were interested in and 4 of them put their houses on the market and we chose one and so that's another option.

Why "this house" especially if it's a bog standard 3 bed there's plenty of!!!! It sounds a bit crackers

“Desperate landlord” 😂😂😂

Yes those poor landlords having their multiple mortgages paid off by the people living in a house they couldn’t give a shit about and only see as an asset.

Yes I realise some people will end up a landlord for various difficult reasons such as a pp mentioning to pay for care. However the vast majority do it as an investment /to make money. So excuse me if I have very little sympathy. My sympathy lies with the many people who have no hope to ever own their own home and get the security that comes with that and are stuck paying rent which is often significantly higher than the mortgage payments for the property....if there is even still a mortgage.

Don’t want to have tenants .....don’t be a landlord. It’s not difficult 🙄

Changing. the. law. would. not. affect. this. case. though. would. it. because. it. takes. time.?
Hey. I. like. this. full. stop. malarky.

@Radio4Rocks

Your stubborn refusal to acknowledge that you're wrong is quite ridiculous. The landlord only gets to exert their wishes at the point that they choose whether to engage in a legal contract with the tenant or not. After that they have to abide by the law. They have perfect autonomy in the choice to let a property or not, and that's where it ends. I don't understand how you can't grasp that a tenancy agreement means the property IS yours for the duration that you are legally occupying it.

I'm not wrong. It isn't ridiculous to say an unfair law is unfair. Not sure why you think laws should never be changed. I was sad to see the back of the corn laws.

It's the law that's wrong. Your stubborn sticking to the letter of an unfair law is ridiculous. They may be legally there but the landlord wants them out. That's where the law is wrong. It isn't their property. They'll be lucky to get a landlord reference when they do decide to do the decent thing and move out.

The law is not wrong. I can't be bothered to argue any further with you on this matter.