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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To NOT leave rented house when I said I would?

769 replies

WaitingForLifeToGetEasier · 29/01/2023 12:11

Been in current rented house for 9 years. Landlord is a company with 30+ properties.

Tenancy is generally renewed every year as LL puts rent up.

Last year, less than 6 months into our latest year long tenancy agreement, an estate agent contacted me out of the blue saying he'd been instructed to sell the property so I needed to agree to a time for them to value and take photos as well for viewings.

I was shocked as LL has not said anything and it transpired that the letting agent has added a 6 month break clause into the tenancy agreement. There had never been one In previous agreements and I wasn't made aware.

I made it clear i was not going to allow anyone in the property until the end of the agreement and if the landlord wanted to sell, I'd leave at that time.

Tenancy is up in early March. I had expected to get a Section 21 in early January but nothing.

We have been looking but properties are either not available anymore or agent doesn't get back to us so have not found a property yet. Rents seem to have gone up £3-400 a month which is going to be impossible.

Not sure if LL is just expecting us to leave or what but I am not intending to leave in early March and will stay as long as possible - await section 21 etc.

AIBU?

OP posts:
Thread gallery
8
Autumntimeagain · 29/01/2023 14:48

Also, why is everyone assuming the OP is living in England ?

The law is different, depending on where you live, yet there have been literally dozens of posters who are declaring other posters as wrong/deluded/liars for stating 'facts' about the law and 'rights', without a clue as to which laws/rights are actually applicable to the OP ?

TheObstinateHeadstrongGirl · 29/01/2023 14:49

Dagnabit · 29/01/2023 14:25

To sum up the thread -
OP - AIBU?
Lots of posters - Yes, YABU.
OP - You’re all thick and batshit!

But the vast majority of the responses have been total incorrect bollocks. OP has a point

YetMoreNewBeginnings · 29/01/2023 14:51

afinishedkiss · 29/01/2023 14:36

What batshit is this she needs that s21 legally and no she doesn’t need to contact the landlord
oh and s21 are recorded delivered so you can’t say you didn’t get one

S21 or not, contact him or not...she is still OUT! She can prolong it as much as she wants and stay put etc but at the end of the day she will need somewhere else to live. That is fact.

How is she still out with no notice?

with no notice she’s absolutely not out…

oakleaffy · 29/01/2023 14:52

@WaitingForLifeToGetEasier
We had a beautiful rented flat next to Richmond Park at a very fair rate..There was no paperwork, no agreement..Sh just wanted her house ''Lived in'' while looking after her elderly mother elsewhere.

When I became pregnant the landlady panicked and asked us to leave.

We could have made life difficult for all concerned, but the landlady had been good enough to let us live there for almost a year at a very low rent.
It was that which pushed us to try and buy. {Which was successful a year later}

We left landlady's lovely flat when agreed, and got a good reference.

It is worth doing things ''By the book''
Get a good reference!
Insecure housing absolutely sucks, and believe me, I have been there, living in London, rents were always high.

But...Good refs really really help.

Good luck.

ReneBumsWombats · 29/01/2023 14:52

No, I'm not out of touch at all.

You're so far out of touch that you're hovering in the stratosphere. I don't even know how to begin to explain to you what's changed since you last knew what was happening.

TheObstinateHeadstrongGirl · 29/01/2023 14:54

afinishedkiss · 29/01/2023 14:36

What batshit is this she needs that s21 legally and no she doesn’t need to contact the landlord
oh and s21 are recorded delivered so you can’t say you didn’t get one

S21 or not, contact him or not...she is still OUT! She can prolong it as much as she wants and stay put etc but at the end of the day she will need somewhere else to live. That is fact.

Er, no, she DOES need a s21.

Scary how uninformed people are

deliciouschilli · 29/01/2023 14:55

The process is (in theory) when the tenancy ends (March) a section 21 is served. She will then have 2 weeks to leave the property. If she hasn't left an eviction order will be served.
This information is free for anyone to view on the "Shelter" website. I would advise OP contacts them and her landlord.

Dullardmullard · 29/01/2023 14:56

deliciouschilli · 29/01/2023 14:55

The process is (in theory) when the tenancy ends (March) a section 21 is served. She will then have 2 weeks to leave the property. If she hasn't left an eviction order will be served.
This information is free for anyone to view on the "Shelter" website. I would advise OP contacts them and her landlord.

Sorry it’s normally 2 months not 2 weeks

TheObstinateHeadstrongGirl · 29/01/2023 14:56

Nocutenamesleft · 29/01/2023 14:42

Have you checked your contract regarding viewings?!?

Doesn’t matter she has a legal right to refuse

Cyclingmummy1 · 29/01/2023 14:57

Knoblauch · 29/01/2023 12:37

This is the best advice you've received here OP.

You don't need to leave as you've had no official notice to leave. You can wait to be issued with the s21 with no consequences to your credit report as PP suggested (bizarrely). You should ask the agency if they still intend to sell and if so you want to be issued with the correct legal notice. You could still continue to look for somewhere else to live until then, and you can decide to give your own notice if you find somewhere else to live.

Agree. I've been both a tenant and a landlord (at the same time). As long as you continue to pay your rent, sit tight and wait for notice to be served.

afinishedkiss · 29/01/2023 14:58

How is she still out with no notice?
with no notice she’s absolutely not out…

She WILL be out. She WILL NOT be there long term and if he is selling she WILL be out. He wants her out, he has every right to want her out. Once her gives her the proper notification she WILL be out. So she is literally prolonging it in the hope that there are a sudden flurry of new houses to rent with reduced rental rates. Her best bet would be to contact him, ask him what the story is and get the necessary documentation. Then she knows where she stands.

But at the end of the day.....be in now or further on down the line...she is OUT.

MaireadMcSweeney · 29/01/2023 14:58

emptythelitterbox · 29/01/2023 13:38

You think it's OK to ignore phone calls, emails, letters from your landlord just because you don't want to move?

Who said she had?
to answer your main point though of course it's ok not to assume that verbal notice is notice. It's not.

MaireadMcSweeney · 29/01/2023 15:00

Everyonehasavoice · 29/01/2023 13:39

Should you refuse access to the property for inspection, valuation etc ( assuming they have given 24hours notice and tried again and again to offer reasonable times etc ) the landlord can get an injunction for access.
Or take you to court.

They’d only be wise do do this after issuing Section 21
They have every right to sell the property
If you refuse to move the landlord will have to take you to court to get you out.
All court and legal costs will be yours

They can't get an injunction to get access to take photos to market the property 😆
Also OP didn't say she was planning to stay to eviction only until May! 2 months after the end of the AST period!

OutForBreakfast · 29/01/2023 15:00

OP remember on MN there are many landlords. Anything that is not in the best interests of a landlord gets condemned.
Do not make yourself voluntarily homeless as you could end up literally on the streets.

afinishedkiss · 29/01/2023 15:00

I think it is hilarious that people think she can stay. Yes she needs notice and that document but he IS selling and she WILL be out.

Eventually.

Nocutenamesleft · 29/01/2023 15:01

WaitingForLifeToGetEasier · 29/01/2023 12:59

@SerenaTee because it wouldn't surprise me if it wasn't sent out to their incompetence, that's why! Why would I want to remind them?!

I'd rather move in May than March. Who wouldn't? The additional rent we're going to have to pay for those two months will be in region of £600-800 if we're lucky. I've also got a court case ongoing which will be over by May.

Why would I f**k myself over for my millionaire landlord who made me wait two years for an essential repair?

Some of these responses are embarrassing for the poster who posted them. Affecting my credit rating? Not paying the rent? Rolling over and leaving before I've been legally asked to so I don't inconvenience my multi millionaire landlord who has made hundred of thousands of £s out of me. Cringeworthy 🤨

However please please don’t withhold your rent!!

TheObstinateHeadstrongGirl · 29/01/2023 15:01

Dagnabit · 29/01/2023 14:44

If anyone disagrees with the OP, she’s calling them names. It’s in black and white so maybe you’re not as informed as you think you are.

The thickos on Thai thread deserve to be called thickos TBF

OutForBreakfast · 29/01/2023 15:02

Court access is granted for essential repairs. Not to take photos to sell the place.
I wish there were not so many landlords who are totally ignorant of the law.

YetMoreNewBeginnings · 29/01/2023 15:02

afinishedkiss · 29/01/2023 15:00

I think it is hilarious that people think she can stay. Yes she needs notice and that document but he IS selling and she WILL be out.

Eventually.

How do you know he is? How do you know that he hasn’t changed his mind?

Bar one phone call months ago there is no evidence of that.

No notice has been given so she can absolutely stay until such times as it is.

TheObstinateHeadstrongGirl · 29/01/2023 15:02

FlairBand · 29/01/2023 14:45

The title of the thread is quite literally:

AIBU NOT leave rented house when I said I would?

So she’s said she’s leaving, in response to having been asked. Formally or otherwise. Not sure why so many people seem to be unclear on what the AIBU is? If you’ve said you’re leaving then you should leave.

That’s not how the process works. Legally, if the LL wants her to leave he needs to serve a s21. The onus is on him as he wants her out.

If she leaves without one she’ll be liable for rent.

What aren’t you getting?

justasking111 · 29/01/2023 15:03

OutForBreakfast · 29/01/2023 15:02

Court access is granted for essential repairs. Not to take photos to sell the place.
I wish there were not so many landlords who are totally ignorant of the law.

Are they landlords though?

deliciouschilli · 29/01/2023 15:04
  • Two Months.
TheObstinateHeadstrongGirl · 29/01/2023 15:04

deliciouschilli · 29/01/2023 14:55

The process is (in theory) when the tenancy ends (March) a section 21 is served. She will then have 2 weeks to leave the property. If she hasn't left an eviction order will be served.
This information is free for anyone to view on the "Shelter" website. I would advise OP contacts them and her landlord.

You are either making this up or you can’t read properly

Thats not the process, at all, not even close.

TheObstinateHeadstrongGirl · 29/01/2023 15:05

A s21 isn’t automatically served at the end of a tenancy agreement, it’s served when the LL wants the tenant out.

afinishedkiss · 29/01/2023 15:05

How do you know he is? How do you know that he hasn’t changed his mind?

Yeah, she really should contact and know where she stands shouldn't she?