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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:
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8
NumberTheory · 29/01/2023 23:03

JenniferSlopez · 29/01/2023 21:55

Way I see it....if the waiter forgets to bring the bill it's still not reasonable to walk out without paying.

But this is more like OP going to a restaurant and asking for a table and the waiter saying - we don’t have any now, but we’ll have some in 3 months do you want one then? And OP saying - I’ll try and come in then.

Then deciding 3 months later that she doesn’t want to eat there after all and not turning up.

friendlycat · 29/01/2023 23:03

The problem is OP I understand that you feel aggrieved that it looks like at some future point you will have to leave the property, but it’s just wasted energy rallying against what you perceive as an unfair situation of a LL owning property that they want to sell.

Of course it sucks that rental properties have increased in price and there’s a big difference in what you started paying to market rents now. But bank interest rates have changed thus pushing up mortgage rates, thus putting up rental prices. Inflation causes price rises. Yes I know that salaries don’t match inflation but it’s a fact.

It’s wasted energy fighting against what you dislike of a LL wanting to sell. It’s better to explore all the different options of what you can do for the future.

YetMoreNewBeginnings · 29/01/2023 23:06

JenniferSlopez · 29/01/2023 23:03

I think we're just not going to agree.

I'm the sort of person that sticks to my word, and their mistake wouldn't make me go back on my word.

If I'd verbally agreed a quote with a tradesperson and it was clear they'd accidentally put a lower amount on the supplied quote, I wouldn't be sitting there going "great, now I can legally fuck them over. Their mistake not mine, innit?"

Your comparisons are just frankly bizarre.

JenniferSlopez · 29/01/2023 23:10

NumberTheory · 29/01/2023 23:03

But this is more like OP going to a restaurant and asking for a table and the waiter saying - we don’t have any now, but we’ll have some in 3 months do you want one then? And OP saying - I’ll try and come in then.

Then deciding 3 months later that she doesn’t want to eat there after all and not turning up.

She agreed she'd move out at end of agreement. They've cocked up and not sent docs. Now she's planning on saying "na na, you can't evict me now so I'm staying".

The true test will be if they realise they've cocked up and contact her to say they're still hoping on sticking to originally agreed date.

TheObstinateHeadstrongGirl · 29/01/2023 23:11

JenniferSlopez · 29/01/2023 21:54

Some of them I gave notice. At previous flat my estate agent called and said LL was planning to sell the house and they wouldn't be extending rental period again. I, shock horror, moved out at the end of the agreed rental period and found another flat. The world did not end.

Well if YOU gave notice you wouldn’t get a s21.

And you were a fool to move out your home without a fight and either you handed your notice in formally or they didn’t follow the letter of the law.

TheObstinateHeadstrongGirl · 29/01/2023 23:12

JenniferSlopez · 29/01/2023 21:55

Way I see it....if the waiter forgets to bring the bill it's still not reasonable to walk out without paying.

OMG 🤣 not the same thing. At all. How embarrassing that you’ve used this analogy.

Why on earth would the OP request a s21 to be served in a house she doesn’t wanna leave?

TheObstinateHeadstrongGirl · 29/01/2023 23:15

JenniferSlopez · 29/01/2023 22:45

The fact is, the LL likely hasn't issued the S21 because OP has verbally agreed to move out. Or perhaps has just forgot. However, it's highly unlikely its because he's decided to give OP a few more months.

With that in mind, it's pretty shitty to stay, even if you legally can.

Then he is a dumbarse of epic proportions if he just expects to rock up in March to an empty house with no notices served either side.

That just doesn’t happen.

Why is it shitty to stay? OP hasn’t been kicked out.

TheObstinateHeadstrongGirl · 29/01/2023 23:17

JenniferSlopez · 29/01/2023 23:03

I think we're just not going to agree.

I'm the sort of person that sticks to my word, and their mistake wouldn't make me go back on my word.

If I'd verbally agreed a quote with a tradesperson and it was clear they'd accidentally put a lower amount on the supplied quote, I wouldn't be sitting there going "great, now I can legally fuck them over. Their mistake not mine, innit?"

Again, a ridiculous analogy. An actual analogy would be the OP has said to her work “I’ll probably leave in about six months” and then you have a go at her for not reminding her boss to sack her

OP May have verbally said “I’ll try and love” months ago but with no word and no notice served, and no desire to leave, it’s absolutely not on her to remind the LL to evict her and her disabled child.

If you would you’re not a decent person, you’re a total idiot.

TheObstinateHeadstrongGirl · 29/01/2023 23:19

JenniferSlopez · 29/01/2023 23:10

She agreed she'd move out at end of agreement. They've cocked up and not sent docs. Now she's planning on saying "na na, you can't evict me now so I'm staying".

The true test will be if they realise they've cocked up and contact her to say they're still hoping on sticking to originally agreed date.

Well they can’t because they need to give 2 months notice and March is only a month away.

OP is still paying rent and being a good tenant, absolutely not on her to get herself kicked out 😂

YetMoreNewBeginnings · 29/01/2023 23:19

She agreed she'd move out at end of agreement.

No she didn’t. She said she’d try. Not that she would .

If they wanted or needed certainty they should have followed process.

Patineur · 29/01/2023 23:20

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.

But she hasn't been asked to leave so LL can sell. Last August she was told the LL wanted to sell. However, the LL hasn't served a s21 notice so for all she knows he's changed his mind. If she were to bugger off now she could get done for unpaid rent.

JenniferSlopez · 29/01/2023 23:20

TheObstinateHeadstrongGirl · 29/01/2023 23:11

Well if YOU gave notice you wouldn’t get a s21.

And you were a fool to move out your home without a fight and either you handed your notice in formally or they didn’t follow the letter of the law.

Why would I fight? It's not my property. As long as they give me notice it's perfectly reasonable to end the tenancy.

I don't 'fight' to avoid taking back rental cars. 😂

TheObstinateHeadstrongGirl · 29/01/2023 23:20

YetMoreNewBeginnings · 29/01/2023 23:19

She agreed she'd move out at end of agreement.

No she didn’t. She said she’d try. Not that she would .

If they wanted or needed certainty they should have followed process.

Even if she did, a verbal agreement is or binding and she’s entitled to change her mind.

Only on MN would people encourage you to make your disabled child intentionally homeless just so you are the type of person to sTiCK tO yOUr WoRd.

JenniferSlopez · 29/01/2023 23:21

Patineur · 29/01/2023 23:20

But she hasn't been asked to leave so LL can sell. Last August she was told the LL wanted to sell. However, the LL hasn't served a s21 notice so for all she knows he's changed his mind. If she were to bugger off now she could get done for unpaid rent.

So it's amazing really that she hasn't given them a call. It's almost like she's realised she can use it to her advantage.

Dullardmullard · 29/01/2023 23:21

You do know this notice has to be done by law regardless. Not on a vague it’s going to be sold and nowt else from LL or agency with no s21 as that’s classed as an illegal eviction.

TheObstinateHeadstrongGirl · 29/01/2023 23:22

JenniferSlopez · 29/01/2023 23:20

Why would I fight? It's not my property. As long as they give me notice it's perfectly reasonable to end the tenancy.

I don't 'fight' to avoid taking back rental cars. 😂

God your analogies are comical.

I presume you don’t live in a rental car?

The EA saying “LL probably wants you to leave” and you going “OK thank you so much for letting me live here” before shuffling off lacks prudence and care and EA rely on people like you so they can get away with not following the law. If you didn’t serve your notice, and they didn’t, they haven’t followed the law.

JenniferSlopez · 29/01/2023 23:23

Hopefully they can put something on reference like: 'estate agent made a mistake with the paperwork, so the tenant refused to move out on the originally agreed date.'

TheObstinateHeadstrongGirl · 29/01/2023 23:23

JenniferSlopez · 29/01/2023 23:21

So it's amazing really that she hasn't given them a call. It's almost like she's realised she can use it to her advantage.

Use it to her advantage how? To carry on living in the home she’s paying for? That she hasn’t been asked to leave?

Do you think her LL is standing at round scratching his head saying “I know I’ve forgotten something” until the OP calls and reminds him he has a house to sell🤣

TheObstinateHeadstrongGirl · 29/01/2023 23:24

JenniferSlopez · 29/01/2023 23:23

Hopefully they can put something on reference like: 'estate agent made a mistake with the paperwork, so the tenant refused to move out on the originally agreed date.'

But she didn’t refuse 😂😂 they haven’t asked her to move out!

Honestly these reference speculations from non-LL are hilarious.

“We didn’t ask her to leave. She didn’t leave. Scammer”. The new LL would think what a total thicko this person was.

Patineur · 29/01/2023 23:26

JenniferSlopez · 29/01/2023 21:55

Way I see it....if the waiter forgets to bring the bill it's still not reasonable to walk out without paying.

That isn't remotely comparable. OP has no intention of walking out without paying rent. The failure of the waiter to bring the bill still leaves the customer liable to pay, and leaving without paying would be a criminal offence. The failure of the LL to serve a s21 Notice does not leave the tenant liable to leave, and staying put is perfectly normal and lawful..

TheObstinateHeadstrongGirl · 29/01/2023 23:27

Think I might test this with my tenant.

Give him a call and say “I wanna sell the house”.

Then do absolutely nothing whatsoever.

Then burst in on the tenancy end date and say “What are you doing here?!”

JenniferSlopez · 29/01/2023 23:29

Do you think her LL is standing at round scratching his head saying “I know I’ve forgotten something” until the OP calls and reminds him he has a house to sell

I'd imagine he's expecting her to move out on the date agreed with the EA. Probs doesn't realise S21 hasn't been sent, especially if he owns so many flats.

If you didn’t serve your notice, and they didn’t, they haven’t followed the law.

So your main concern is the legal fallout?

HamBone · 29/01/2023 23:30

TheObstinateHeadstrongGirl · 29/01/2023 23:27

Think I might test this with my tenant.

Give him a call and say “I wanna sell the house”.

Then do absolutely nothing whatsoever.

Then burst in on the tenancy end date and say “What are you doing here?!”

😂😂

Patineur · 29/01/2023 23:32

JenniferSlopez · 29/01/2023 22:45

The fact is, the LL likely hasn't issued the S21 because OP has verbally agreed to move out. Or perhaps has just forgot. However, it's highly unlikely its because he's decided to give OP a few more months.

With that in mind, it's pretty shitty to stay, even if you legally can.

This is someone with 30 properties, it's unlikely he has either forgotten or thought he didn't have to issue the notice. It's possible his agent has messed up, but it's also possible he has indeed decided to give OP more time because it's better to have the place occupied and making money than vacant, and/or because he doesn't want to sell yet.

Whatever is going on, it's not the tenant's duty to try to read the LL's mind and leave before any notice is served. And that is just common sense, not being shitty.

Patineur · 29/01/2023 23:33

JenniferSlopez · 29/01/2023 22:50

My point is that this is less about the LL clocking up the process as it is about OP wanting to stay and this being a fortuitous situation.

Were she desperate to leave would she still be contemplating staying a bit longer due to this?

Obviously not. She would serve the appropriate notice and leave.