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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
Peckhaminn · 29/01/2023 23:35

This is exactly why land lords are selling. It's also his house too. He's given you enough notice to leave. That's the reality's of renting, it's a tough market but waiting to get a section 21 will completely ruin your chances at getting another rented property. Crazy.

YetMoreNewBeginnings · 29/01/2023 23:36

Peckhaminn · 29/01/2023 23:35

This is exactly why land lords are selling. It's also his house too. He's given you enough notice to leave. That's the reality's of renting, it's a tough market but waiting to get a section 21 will completely ruin your chances at getting another rented property. Crazy.

You clearly have no idea what a S21 is if you think that.

it’s an entirely standard thing to get when a ll wants their tenant to leave.

It is not an eviction or anything credit file or negative reference worthy whatsoever.

Peckhaminn · 29/01/2023 23:37

OP, have you not even considered reaching out to the estate agent and clarifying any of this?!

YetMoreNewBeginnings · 29/01/2023 23:38

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.'

Yeah, then if they do future LLs can see that they’re clueless and will ignore the reference

TheObstinateHeadstrongGirl · 29/01/2023 23:38

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?

Absolutely my concern is EA and LLs not following legal obligations. It damages tenants and it damages decent law abiding LLs too.

If he doesn’t realise he hasn’t done a very, very basic and free process then he’s an idiot who shouldn’t be a LL. it’s his business - saying “oh I think I might have sent the s21” or “Well I haven’t followed ANY legal processes or had notice from my tenant but hopefully she’ll have moved out anyway” isn’t good enough.

TheObstinateHeadstrongGirl · 29/01/2023 23:39

I’d love to be a fly on the wall in a courtroom whereby a LL is trying to evict a tenant and when asked “have you served the section 21 notice” he replies “Dunno. Didn’t think I needed to.”

Patineur · 29/01/2023 23:40

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?"

Another totally irrelevant analogy. You couldn't legally fuck that tradesperson over, because you would be in breach of contract. An oral contract is perfectly binding. OP wouldn't be in breach of her tenancy agreement.

This isn't a question of OP going back on her word. She was simply asked by an estate agent for access for viewings several months ago.

OP said that IF the LL wanted to sell when it came to the end of the tenancy, she'd leave. She did not say she would leave regardless. Neither the LL nor the agent has been in touch with her since last August, so she has no idea whether he does in fact want to sell. If he does want her to leave, he knows perfectly well that he has to serve a s21 notice and he hasn't done so.

TheObstinateHeadstrongGirl · 29/01/2023 23:40

Peckhaminn · 29/01/2023 23:35

This is exactly why land lords are selling. It's also his house too. He's given you enough notice to leave. That's the reality's of renting, it's a tough market but waiting to get a section 21 will completely ruin your chances at getting another rented property. Crazy.

He hasn’t asked her to leave.

What do you think a s21 actually is?! And why would it ruin chances at getting a new property?

JenniferSlopez · 29/01/2023 23:41

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?!”

If he replies "OK, no problem. I'll find somewhere else and be out by the 30th June."

You'd still be surprised if he wasn't there on the agreed date?

I hope all of you quoting the law will be perfectly understanding when you return from holiday and the squatters who've moved into your house inform you that you need to go via the proper process to evict them. You'll go spend 3-4 weeks in a hotel and respect their legal rights without a single gripe.

TheObstinateHeadstrongGirl · 29/01/2023 23:41

Peckhaminn · 29/01/2023 23:37

OP, have you not even considered reaching out to the estate agent and clarifying any of this?!

Why would she? It’s like randomly asking your boss if you still have a job

Patineur · 29/01/2023 23:44

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.

Why on earth would she give them a call? She has enough on her plate without doing the LL's or agents' jobs for them. For all she knows, the LL wants her to stay.

YetMoreNewBeginnings · 29/01/2023 23:44

If he replies "OK, no problem. I'll find somewhere else and be out by the 30th June."

How is that a relevant comparison?

I mean, it’s still legally non-binding, but it’s also not comparable to the discussion the OP had

JenniferSlopez · 29/01/2023 23:44

Fact is, if they tell me they want to end tenancy and we agree a moving out date. If they then forget to send paperwork my thought prices isn't immediately 'great, I can use this against them and stay here a bit longer against their will.'

TheObstinateHeadstrongGirl · 29/01/2023 23:45

JenniferSlopez · 29/01/2023 23:41

If he replies "OK, no problem. I'll find somewhere else and be out by the 30th June."

You'd still be surprised if he wasn't there on the agreed date?

I hope all of you quoting the law will be perfectly understanding when you return from holiday and the squatters who've moved into your house inform you that you need to go via the proper process to evict them. You'll go spend 3-4 weeks in a hotel and respect their legal rights without a single gripe.

You are honestly like a parody of yourself with your shit analogies. OO is a tenant not a squatter. It’s the LL’s property but not his home. Learn the difference.

If my tenant formally handed his notice in for 30th June I’d expect him to be out. If I rang and said “Oi! I wanna sell up. Out by 30th June please” annd he said “maybe”, and then I did precisely nothing, not only would I expect him to stay out but if I went to check if he was still there I’d be breaking the law.

Please don’t talk about things you know nothing about.

Patineur · 29/01/2023 23:46

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.'

Well, they could, if they want to give other LLs something to laugh at before they sign OP up.

TheObstinateHeadstrongGirl · 29/01/2023 23:46

JenniferSlopez · 29/01/2023 23:44

Fact is, if they tell me they want to end tenancy and we agree a moving out date. If they then forget to send paperwork my thought prices isn't immediately 'great, I can use this against them and stay here a bit longer against their will.'

Why would you prop up an unscrupulous landlord though?

If you agreed on the phone that you’d give out by a certain date and not one of you out this in writing on either side, you’re a MASSIVE fool. Because technically you haven’t been served notice, nor have you handed your notice in - meaning you’d absolutely be liable for rental costs after you moved out.

TheObstinateHeadstrongGirl · 29/01/2023 23:47

Patineur · 29/01/2023 23:46

Well, they could, if they want to give other LLs something to laugh at before they sign OP up.

I’d laugh and then take a picture and put it in my LL support WhatsApp group so I could share the hilarity

YetMoreNewBeginnings · 29/01/2023 23:47

JenniferSlopez · 29/01/2023 23:41

If he replies "OK, no problem. I'll find somewhere else and be out by the 30th June."

You'd still be surprised if he wasn't there on the agreed date?

I hope all of you quoting the law will be perfectly understanding when you return from holiday and the squatters who've moved into your house inform you that you need to go via the proper process to evict them. You'll go spend 3-4 weeks in a hotel and respect their legal rights without a single gripe.

Squatting in a residential property is illegal and someone returning from holiday could simply call the police and they’d be arrested.

you’re on a mission with the random comparisons tonight

TimeToFlyNow · 29/01/2023 23:47

What's with all the shit and frankly irrelevant analogies 🤣

JenniferSlopez · 29/01/2023 23:47

YetMoreNewBeginnings · 29/01/2023 23:44

If he replies "OK, no problem. I'll find somewhere else and be out by the 30th June."

How is that a relevant comparison?

I mean, it’s still legally non-binding, but it’s also not comparable to the discussion the OP had

She verbally agreed a move out date. The actual thread title is 'To NOT leave rented house when I said I would?'

The title alone communicates that this is about not sticking to a verbal agreement.

YetMoreNewBeginnings · 29/01/2023 23:48

JenniferSlopez · 29/01/2023 23:44

Fact is, if they tell me they want to end tenancy and we agree a moving out date. If they then forget to send paperwork my thought prices isn't immediately 'great, I can use this against them and stay here a bit longer against their will.'

So in an entirely different situation you’d do something different.

Excellent.

JenniferSlopez · 29/01/2023 23:49

And, of course, if OP is without question in the right....why is she on here asking if she's being unreasonable? 🤔

TheObstinateHeadstrongGirl · 29/01/2023 23:49

JenniferSlopez · 29/01/2023 23:47

She verbally agreed a move out date. The actual thread title is 'To NOT leave rented house when I said I would?'

The title alone communicates that this is about not sticking to a verbal agreement.

There’s no such thing as a verbal agreement WRT rentals in property law.

There is a careful and easy-to-follow process that HAS to be followed.

Just because you’re stupid enough to move out a property with no written agreement to, potentially fucking yourself over, just because someone calls and tells you you have to leave, doesn’t mean other people should be a stupid.

TheObstinateHeadstrongGirl · 29/01/2023 23:50

*as stupid

TheObstinateHeadstrongGirl · 29/01/2023 23:50

Although I do find it hard to believe that you were asked to leave a rental property and no one on either side out anything in writing. Do you realise how badly that could have gone for you?