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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
TheObstinateHeadstrongGirl · 29/01/2023 20:16

afinishedkiss · 29/01/2023 20:09

I obviously wouldn't make the LL evict me (i.e bailiffs) if I am able to secure another property

When and if notice is served OP will not move out is she hasn’t found another suitable property so they will come… eventually.

Eh? She’s already said she won’t get to the balliff stage. Do you think balliffs come round the moment the 2 month mark passses?

TheObstinateHeadstrongGirl · 29/01/2023 20:17

And balliffs don’t come ‘eventually’.
They don’t come if you move out before the LL obtains a warrant of possession and at least 2 weeks have passed.

Patineur · 29/01/2023 20:17

I would include the fact that you refused entry to estate agents and that a section 21 had to be issued. Just facts.

So you would deliberately leave out the fact that she had been an excellent tenant for 9 years? Would it not occur to you that messing up your tenant's chances of finding somewhere else would only delay her in moving out and would be the very definition of cutting off your nose to spite your face?

The fact that the tenant had correctly waited for a s21 notice and had expected the agents to comply with the law about viewings wouldn't be held against her by any landlord with any sense.

TheObstinateHeadstrongGirl · 29/01/2023 20:22

Most (almost all) tenants leave when their contract expires. You had a twelve month contract.

You think most people leave after six months even if they want to stay Confused

If you do not leave when your contract is up or has been renewed or you will be refusing to leave and therefore be issued with a section 21 notice to leave.

Bollocks.

End of tenancies just automatically go onto a rolling monthly contract. They don’t automatically go to a s21.

Which will go through the courts and result in Eviction proceedings if you haven't left after 2 months.*

OP has said she won’t get to eviction stage

What is included in the reference has to be factual and he should not leave out anything that could effect the new tenancy.
I would include the fact that you refused entry to estate agents and that a section 21 had to be issued. Just facts.

Sorry you aren’t actually a LL though??

Tenants have every right to refuse entry. It’s not a negative, at all.

Section 21 notices ALWAYS have to be issued if a LL wants a tenant out 🤣🤣🤣 you’d look like a proper thick bastard if you said “I had to legally follow the serving of notice to OP, she wasn’t psychic!” And other LLs in the business would piss themselves laughing at you. Do you mean a possession order? That’s not the same as a s21

Seriusky WHERE do you get this crap from?! You’ve been corrected by actual experts several times so why are you still parroting misinformation?

deliciouschilli · 29/01/2023 20:23
  • Patineur. Yes, I would have to include this information, of course I would.
TheObstinateHeadstrongGirl · 29/01/2023 20:23

@deliciouschilli the only way to give formal notice to leave IS a s21. You don’t ask nicely and then only serve one of the tenant didn’t do as they were asked.

TheObstinateHeadstrongGirl · 29/01/2023 20:24

deliciouschilli · 29/01/2023 20:23

  • Patineur. Yes, I would have to include this information, of course I would.

You’d have to include the information that you followed the correct legal processes and that’s why your reference is a bad one 😂😂

Thank Christ you aren’t a LL

deliciouschilli · 29/01/2023 20:32
  • theobsinateheadstronggirl.. I think you may be drunk so I will leave it here.
  • OP I hope you do the right thing for your children. If you want social housing then go for eviction. If you want to rent privately then don't go on holiday, protect the 9 years of being a fantastic tenant and find somewhere quickly. Hope it works out either way.
TheObstinateHeadstrongGirl · 29/01/2023 20:35

Dear MN

Ways you DON’T try to remove a tenant ❌

  • Random phone call
  • dropping hints
  • Asking nicely
  • Telling them you might sell soon so maybe start looking at other houses
  • Clairvoyancy
  • Carrier pigeon
  • Note on the back of a fag packet

Ways you DO try to remove a tenant ✅

  • Serve a s21 or S8

Thank you for attending my TED talk.

GlassBunion · 29/01/2023 20:35

AceofPentacles · 29/01/2023 12:32

So much bad advice!
Yes you have a right to be evicted under s21 if you can't find anywhere else to go.
I'd start looking though, and tell the agent you expect it to take longer due to current housing market/crisis and you'll keep them updated.

To everyone saying it's a "dick move" to go through the s21 process I'd say it's even more of a dick move to leave a property with nowhere to go. And a dick move for a landlord to turf someone out on the street when they have previously been paying rent/looking after the property for however many years.

We got evicted last year, the property rental crisis is real, our lives were turned upside down and we nearly had to leave the city/our jobs/schools until a landlord took pity on us.

There were people at group viewings literally begging for properties saying the bailiffs were coming in 2 weeks. One estate agent who had been an agent for 25 years said she was getting out of the game as it has become so stressful and unfair.

Tenants have hardly any rights but s21 is about the only one .

Yes, you're a tenant. You have no right to live in your home forever. You must know that.
It's shit but that's the way that renting is.
Unless you can get assured tenancy from a council then private rentals are always going to be temporary.

The housing market needs a massive overhaul and we need to end part time landlords. My biggest beef is buy-to-let. It's the biggest con and is basically a get-rich quick scheme that needs to end.

The more the rental market grows, the higher that house prices get.

Makes my blood boil.

TheObstinateHeadstrongGirl · 29/01/2023 20:36

deliciouschilli · 29/01/2023 20:32

  • theobsinateheadstronggirl.. I think you may be drunk so I will leave it here.
  • OP I hope you do the right thing for your children. If you want social housing then go for eviction. If you want to rent privately then don't go on holiday, protect the 9 years of being a fantastic tenant and find somewhere quickly. Hope it works out either way.

I’m drunk because you’re posting absolute made-up bollocks? 😂

What do you think a s21 actually is?

Also that’s shit advice for the OP.

GoChasingWaterfalls · 29/01/2023 20:45

It's scary how many people are ignorant of the laws that landlords must follow.

caringcarer · 29/01/2023 20:51

So LL has been charging you £300-£400 less per month than similar properties. You have been asked to leave so LL can sell. You are being unfair to LL who has been good to you charging you less than going rate by quite a lot of money each month. Look for something else and move out.

dew141 · 29/01/2023 21:06

caringcarer · 29/01/2023 20:51

So LL has been charging you £300-£400 less per month than similar properties. You have been asked to leave so LL can sell. You are being unfair to LL who has been good to you charging you less than going rate by quite a lot of money each month. Look for something else and move out.

I'm with this. Landlords should have the right to sell their property having given the requisite notice (granted this hasn't yet happened).

Rents are rising because being a landlord is becoming less attractive, particularly with rising interest rates. The purging the property market of evil private landlords isn't going to depress property prices sufficiently that people can suddenly afford to buy, but it will push up rents so it's even harder to save for a deposit.

superdupernova · 29/01/2023 21:09

TheObstinateHeadstrongGirl · 29/01/2023 20:35

Dear MN

Ways you DON’T try to remove a tenant ❌

  • Random phone call
  • dropping hints
  • Asking nicely
  • Telling them you might sell soon so maybe start looking at other houses
  • Clairvoyancy
  • Carrier pigeon
  • Note on the back of a fag packet

Ways you DO try to remove a tenant ✅

  • Serve a s21 or S8

Thank you for attending my TED talk.

Despite the fact you've been posting like an arse all day... this one made me laugh.

YetMoreNewBeginnings · 29/01/2023 21:12

deliciouschilli · 29/01/2023 20:10

Most (almost all) tenants leave when their contract expires. You had a twelve month contract.
If you do not leave when your contract is up or has been renewed or you will be refusing to leave and therefore be issued with a section 21 notice to leave. Which will go through the courts and result in Eviction proceedings if you haven't left after 2 months.
It sounds like your landlord is a business with lots of propertys. His business has a duty to inform other landlords re: a reference. What is included in the reference has to be factual and he should not leave out anything that could effect the new tenancy.
I would include the fact that you refused entry to estate agents and that a section 21 had to be issued. Just facts.

If you included that a S21 had to be issued then you’d thankfully give yourself away as clueless and other LLs would know that your “factual” negative reference was a load of bollocks.

YetMoreNewBeginnings · 29/01/2023 21:13

caringcarer · 29/01/2023 20:51

So LL has been charging you £300-£400 less per month than similar properties. You have been asked to leave so LL can sell. You are being unfair to LL who has been good to you charging you less than going rate by quite a lot of money each month. Look for something else and move out.

The OP hasn’t remotely been unfair.

she has followed her contract by paying the rent set by the LL every month.

Expecting them to follow process to end the tenancy is not remotely unfair.

TimeToFlyNow · 29/01/2023 21:14

There's an awful lot of thick on this thread

Don't leave until you've been served a shift you do they could continue to charge you rent as they haven't given you notice to leave and you haven't given them notice you are leaving

This is not done as a chat over the phone for those that are hard of thinking

TimeToFlyNow · 29/01/2023 21:15

Bloody auto correct a S21, I have no idea what a shift is

JenniferSlopez · 29/01/2023 21:17

PotteringAlonggotkickedoutandhadtoreregister · 29/01/2023 12:14

Do you ever want to privately rent again? If so then yes, leave when you’re asked to.

This.

My friend refused to leave and is currently back at his parents as nobody local wants to rent to him without a reference. I'm wondering if the local estate agents have some sort of blacklist as he's had a few phone back and cancel viewings.

TheObstinateHeadstrongGirl · 29/01/2023 21:18

JenniferSlopez · 29/01/2023 21:17

This.

My friend refused to leave and is currently back at his parents as nobody local wants to rent to him without a reference. I'm wondering if the local estate agents have some sort of blacklist as he's had a few phone back and cancel viewings.

But OP hasn’t been asked to leave

YetMoreNewBeginnings · 29/01/2023 21:20

JenniferSlopez · 29/01/2023 21:17

This.

My friend refused to leave and is currently back at his parents as nobody local wants to rent to him without a reference. I'm wondering if the local estate agents have some sort of blacklist as he's had a few phone back and cancel viewings.

The point in this situation is that the OP hasn’t been asked to leave officially.

JenniferSlopez · 29/01/2023 21:27

TheObstinateHeadstrongGirl · 29/01/2023 21:18

But OP hasn’t been asked to leave

So why did she tell the agent she'd leave when the agreement was up? 🤔 Did she just volunteer out the blue?

Let's be honest, she's just trying to drag it out in her favour. Like a guy that doesn't pay his child support until the court forces him.

YetMoreNewBeginnings · 29/01/2023 21:33

JenniferSlopez · 29/01/2023 21:27

So why did she tell the agent she'd leave when the agreement was up? 🤔 Did she just volunteer out the blue?

Let's be honest, she's just trying to drag it out in her favour. Like a guy that doesn't pay his child support until the court forces him.

She didn’t. She said she’d try. based on the assumption that proper notice would be given as she wouldn’t, as she’s stated, want to push to court and eviction.

Expecting LL’s to follow basic process isn’t taking the piss in any way.

And is zero comparison to a man neglecting his own child.

TheObstinateHeadstrongGirl · 29/01/2023 21:41

JenniferSlopez · 29/01/2023 21:27

So why did she tell the agent she'd leave when the agreement was up? 🤔 Did she just volunteer out the blue?

Let's be honest, she's just trying to drag it out in her favour. Like a guy that doesn't pay his child support until the court forces him.

The onus is still on them to ask her to leave. They haven’t.

And she IS paying and has for 9 years. That a terrible analogy.