Landlord wants full notice even though selling property.

[gnomeathome]

Our landlord is selling the house we live in, he has given us until 31st August to move out. We have seen countless properties, put offers in etc but most are listed as 'available immediately' . We have lost out on 5 properties so far because we can't move immediately as we have a months notice to give. I have asked him if we can move within 2 weeks because of this issue and he said no, he wants the full months notice (or we would have to pay the difference in rent which we cannot afford to do).
We have had to have potential buyers looking at the house whilst we are still here and the landlord had the gall to say that we were making the house look small by being there whilst buyers and agents were coming around (we are a family). So could we 'pop out' during all viewings!

AIBU to think that not letting us leave early is just plain greedy? At this rate we wont find anywhere to move to that lines up perfectly to the eng of August. Do we legally have to give a months notice if they are the ones who have given us notice?

Yeah - threaten with no more viewings unless he can be flexible back with moving dates !

He’s being very unreasonable really

I had a pushy landlord looking to do viewings the day I got home after a c section - couldn’t understand why I couldn’t just pop out 😂 i basically told them to F off ! You don’t ha e to be accommodating

@Caffeinatedmonstergirl

I’m out. No point in continuing to debate about something that doesn’t remotely affect me. I’ll remain content with my lot and thank fuck that I have the morals to behave decently in my capacity as a landlady and a human being. Very depressing reading some of the views on this thread.

I just thank f**k that you aren't my landlord.

Tell him that the long notice is making it difficult for you to find properties, so if he requires the full month notice then you would prefer to stay.

The 6 months notice is only once he has served a valid s21 notice (although it's currently back down to 3 months I think), so if you've not had one of those you're not legally on notice.

Then he still can't make you leave without a court oder, which will take many months given current backlogs.

I imagine he may change his mind about how much notice you need to give if you point that out to him.

The MoneySavingExpert forums will he helpful on this point too.

No, I can’t see any bias, sorry. When you rent you accept that at some point the property may be needed and the tenancy will end as a result

Some people have no alternative but to accept that, @Caffeinatedmonstergirl. Secure tenancies in the PRS are in the hen's teeth category of rarity, and most people have next to no chance of getting social housing.

Not many would opt to accept such a one-sided arrangement if they had a choice.

I'm a landlord and I think it's just awful for him to expect your help and cooperation and not return the favour. I'll have a chat saying that if he wants viewing you need to have flexibility to leave when you find a new place.
We also reduced the rent for our tenant when we were showing the flat.
Your landlord isn't showing goodwill and he can't have it both ways. Unbelievable that he wants you to leave home for viewings.

JedGnot, I got the information from being a tenant, a landlord and my children and nephew being tenants. Three months was written into all contracts but that was negotiable, most people are reasonable. This particular landlord has given adequate notice, that is not in dispute, but appears to want to be sure of one month's rent ; understandable as he/she still has to maintain the property and pay the mortgage until the sale goes through.

Honestly, speaking as an 'accidental' landlord, it can be more trouble than it's worth. I am selling my rental property but the tenants have to be out within four months. I'd be quite happy if they went earlier, I get little or no rent from them anyway and they have huge arrears (I was happy to give them time to catch up). Meanwhile I am paying the mortgage. I will be very glad when I am shot of it.

the vast majority of landlords would not be happy about missing out on two weeks of rent

Any landlord with half a brain would do their sums properly beforehand to factor void periods into their costs

No one is ‘accidentally’ a landlord.

@Caffeinatedmonstergirl

I’m out. No point in continuing to debate about something that doesn’t remotely affect me. I’ll remain content with my lot and thank fuck that I have the morals to behave decently in my capacity as a landlady and a human being. Very depressing reading some of the views on this thread.

As a landlord I have no problem saying that many have no idea of -

(1) Their obligations
(2) How to be a good landlord
(3) How to be a clever landlord (give a little to prevent the tenants becoming difficult).

My view is that, ideally, you want a tenant who wants to live in the property, and can afford to live in the property.

The moment the tenant wants out, or can't afford to pay, then you do everything possible to help them move out ASAP, even if it is one day's notice.

The last thing you want is a tenant living there who can't pay or wants to leave, because they are more likely to cause damage, not pay or sit tight until the courts force them out.

@Egeegogxmv

How does one accidentally become a landlord? Surely it requires deliberate planning thought and action, it's not something that can happen by accident. Furthermore owning a valuable asset which you can charge other people to use and still realise the full value of the asset, this is a privileged position to be in so why do landlords speak the this is a miss fortune which has befallen them? If one were to become a landlord through no intent or deliberation of one's own, well this would be serendipity rather than an accident!

I'm not a landlord or a tenant, but the obvious way someone can become a landlord unintentionally is if they are willed a house with tenants in situ.

I've seen a post on here calling these unintentional landlords greedy when the landlord sells the property in this situation saying they should let the tenants stay but then they are also callee greedy if they do let them stay.

Personally, I think there is a difference between people buying properties to let and someone inheriting tenants and deciding not to sell. Certainly in terms of intent if nothing else. That's not to say they'll be amazing landlords of course, just that the assumption of someone greedily hoarding houses is unfair in those cases.

I think only step mum's and MILs are hated more than landlords on here!

@Lucifersladylove

My mum inherited a house with tenants. Just because their landlord died and left his estate to my mum. She became their landlord. She couldnt just kick them out because that would be horrible and evicting someone isnt easy. She kept it on but said to them they could leave anytime, with no notice, or they could buy the property if they wanted. They ended up buying in another City and my mum then sold the property.

The power is in your hands OP and it's time you make him realise it. He won't sell if you don't go. He won't sell if you don't agree to visits. Both which you could very easily do.

Point this out to him and say that all you agree is to reduce notice to 2 weeks.

@Sparklfairy

the vast majority of landlords would not be happy about missing out on two weeks of rent

Any landlord with half a brain would do their sums properly beforehand to factor void periods into their costs

Yep - I'd argue that you really need cash in the bank equating to a years rent plus cost of full refurbishment... that should cover most potential problems.

Tell him in that case you'll start looking for properties at the end of August when you can move immediately and he'll just have to be prepared for you to sit tight a bit longer even if it inconveniences him (it takes ages to evict a tenant).

Has he even given you proper notice? If not, no need for you to leave on 31 August.

Yeah so you had a choice. You could have pulled out of the purchase.

It's not your tenants fault you didn't.

I haven't read the thread but you should tell your LL that if they don't agree to your request you'll become the most obstructive tenant ever. No viewings, and they'll have to get a court order to evict you.

He needs to realise this at some point but I wouldn't be telling him about the s.21 yet.
If he wants you out by August 31st, you could come to some (financial) arrangement

I agree with this. But check the tenancy agreement and all the additional documentation has been done properly too!

@Lucifersladylove

No one is ‘accidentally’ a landlord.

I came across the term on Mumsnet. It usually applies to someone who inherits a property which is either tenanted or, if empty, just doesn't sell. In my case the estate agents suggested I let for six months before putting it back on the market and that seemed like a good idea at the time. Now I am not so sure but - I'm not bleating. No doubt it will work out, life is too short for me to worry about this.

My tenants have plenty of time to find somewhere else and if they find a place sooner, I will not hold them to the notice.

The op obviously does have concerns and I hope she finds somewhere decent for herself and her family before too long. I can't imagine how stressful it must be to be in that position when you have children.

Well two can play that game. Your landlord has just lost your cooperation and I would not allow anymore viewings, which I believe you are entitled to do.

If I remember,landlord has to give you 2 months, you can counter with one.
If I were you I would give 1 month now. In reality even one that is available immediately will take references,credit check and gave to issue the contract.
Give one month, move out when you are ready. In the meantime stop showing people around. You dont have to.

@Collaborate

I haven't read the thread but you should tell your LL that if they don't agree to your request you'll become the most obstructive tenant ever. No viewings, and they'll have to get a court order to evict you.

FGS, Don't tell him what your strategy is🙄 it just do it

"I came across the term on Mumsnet. It usually applies to someone who inherits a property which is either tenanted or, if empty, just doesn't sell. In my case the estate agents suggested I let for six months before putting it back on the market and that seemed like a good idea at the time. Now I am not so sure but - I'm not bleating. No doubt it will work out, life is too short for me to worry about this.

My tenants have plenty of time to find somewhere else and if they find a place sooner, I will not hold them to the notice.

The op obviously does have concerns and I hope she finds somewhere decent for herself and her family before too long. I can't imagine how stressful it must be to be in that position when you have children."

Perhaps I am being petty, but that's not an accidental landlord, that's a property owner who chooses to be a landlord rather than accept the best offer for the property. The property did not sell because when you tried to sell it you were marketing it for too high a sum, meaning too few viewings, or you were rejecting offers which could have been accepted.

It is perfectly legitimate to hold on to the property until the value increases and you get the sum you want, but it is a choice. Every single property in the country can be sold (completed) in a week if you are flexible enough on the price.

@Maggiesfarm

JedGnot, I got the information from being a tenant, a landlord and my children and nephew being tenants. Three months was written into all contracts but that was negotiable, most people are reasonable. This particular landlord has given adequate notice, that is not in dispute, but appears to want to be sure of one month's rent ; understandable as he/she still has to maintain the property and pay the mortgage until the sale goes through.

Honestly, speaking as an 'accidental' landlord, it can be more trouble than it's worth. I am selling my rental property but the tenants have to be out within four months. I'd be quite happy if they went earlier, I get little or no rent from them anyway and they have huge arrears (I was happy to give them time to catch up). Meanwhile I am paying the mortgage. I will be very glad when I am shot of it.

Maggie, your should query that with the local laws.

In England a tenant needs to give 1 month's notice, in law.

Contracts cannot override the law, so it is always worth checking the legality of that clause.

I'm not a landlord or a tenant, but the obvious way someone can become a landlord unintentionally is if they are willed a house with tenants in situ
You are exactly right and thank you for pointing this out to me, it seems to me that this circumstance completely warrants the term accidental landlord.

I'm an ex landlord and I'd advise you to ring Shelter. As others have said, you are in a really strong position.

Losing 2 weeks rent is nothing to a landlord in this situation. I've known landlords pay tenants to leave!
Nobody should be a landlord unless they can financially deal with some "void" periods. If you read landlords' forums they'll say you need to be able to manage without rent for 6 months at least.

Definitely stop viewings I'd say - a loud warning shot that your landlord should sit up and take notice of.