To NOT leave rented house when I said I would?

[WaitingForLifeToGetEasier]

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?

Then she has nothing to worry about does she? Maybe except trying to find a house within a certain period of time that she can afford.

She's on easy street!

was informed of intent to sell and didn’t make effort to vacate until L21 was served.” An estate agent or LL isn’t likely going to ask OP’s side of it.

That would simply show another ll or EA that the op was dealing with either an incompetent or shit (or both) LL.

The OP cannot leave the property and expect not to pay rent without having received a S21 or given notice herself.

S21 is the process for the LL informing her of the intention to sell…

People who don’t do the difference between a S21 and eviction aren’t giving views though - they’re giving completely factually incorrect information.

Is MN full of landlords or something? The harsh tone and misinformation on the part of some of the respondents here would suggest so.

OP, you need more clarity from the agents/LLs. Check the legal status with Shelter or other advisor and act accordingly. Don't worry about your credit rating, the LL has to follow the correct process. And best of luck.

As OP has been there for 9 years, she could quite easily say her landlord is pissed she is leaving, but if I was a bad tenant, why did he let me live there for 9 years?

March isn’t far away, and what happens if OP hasn’t found anywhere to live by then?

It’s fine because she’d still have to be given 2 months notice. So it would be end of March if served today.

Don’t think I was very clear, I didn’t necessarily mean a legal battle with LL, but possibly with the housing system. One of my personal friends is going through the latter at the moment and has been in emergency accommodation for 2 years.

If she gets a s21 that will help if she can’t find housing. But she hasn’t had that.

LL doesn’t have to word it the exact way it happened, could put “was asked to let potential new tenants in and refused.” or “was informed of intent to sell and didn’t make effort to vacate until L21 was served.” An estate agent or LL isn’t likely going to ask OP’s side of it.

See my post above - a new LL would think “Eh? You served her section 21 to be out by May 30th, it’s only 10th May so how has she refused to move”. As for ‘didn’t make effort to vacate until s21 was served’ would guarantee to have smarter LLs thinking what a dumbarse you are. A tenant should NEVER leave until they’ve handed their notice in or a s21 is served. That’s literally the process - n
why would OP be considered a bad prospect for simply following the correct process?
.

So far the people openly stating they are LL’s are not the ones giving the misinformation or being harsh to the OP.

Many LLs value a good paying tenant who cares for a house over a few extra quid.

Any LL probably has had a nightmare tenant and knows good tenants who pay are very much worth keeping. I keep my rent low because my tenant is amazing, pays on time and gives me no hassle. That’s something money can’t buy. I’ve often had a practical full time job having to manage more difficult tenants who don’t bother to pay me.

No they don’t.

Which is why the OP should speak to the agent not the internet. They’re not all monsters, just because LL is rich doesn’t mean he wants to see her homeless.

Yes, that’s all reasonable. I just don’t want to see anyone else in the same situation as my friend is in right now. I think maybe this is a bit of a quasi-personal issue for me? Thanks for explaining so thoroughly and politely why I’m wrong. Now wishing MN had an edit button so I could explain that my comment is wrong.

People should be really careful about this and check with their LA.

Some consider not budging until balliffs boot you out to be making yourself intentionally homeless as no one bothered to find somewhere else beforehand. It’s a dodgy, dodgy area and absolutely worth researching if you think it affects you.

Or people who don’t have a clue about S21’s and the processes for ending a tenancy could just stop stating their opinions as if they are legal fact…

There is enough misinformation out there about renting without leaving absolute misinformation unchallenged

Several times OP you have said you're not dim or stupid. Yet you were by not reading your rental agreement before signing it. You said the LL and agency were sneaky in putting in a 6 month break clause. That is false. They weren't being sneaky. Your failure to read a contract before signing it is your responsibility at the end of the day. The LL and agency did nothing sneaky.

End of the day, I don't understand why you haven't done the sensible thing and contacted the LL to get an update on the situation. Maybe they decided not to sell it, maybe they are waiting for your contract to end and will serve notice. Most sensible people would contact their LL to find out so they can plan for the future instead of getting stressed out.

No-one on here can advise you since you haven't even and say you don't want to contact the LL and get an update on the situation. Until then there is nothing to give advice on other than phone him up and find out.

I agree.

Im part of some LL support groups on Facebook and you how stilt wouldn’t believe how many think they’re still allowed to physically kick tenants out if they’re a day late with rent payments. And encourage others to ‘just go round with a heavy mate a kick them out’.

It’s so unregulated and it’s very, very wrong. Some of us do keep up with training and development (very much in our interest to) but it’s not required or monitored.

Jews yes but this thread is full of people spouting bollocks they know nothing about. Including that OP is somehow wrong for it chasing the LL to evict her.

Well I guess she’s int be very same boat as every other renter in the country in that you can be asked to leave with 2 months notice, with very few properties available and ever fewer affordable ones. Sadly that situation isn’t unique to the OP.

But seeing as she has an excellent track Redford as a tenant she definitely has a lot less to worry about than most. I do worry for people who have been behind on rent payments who will be highly unlikely to be chosen ahead of people like the OP. Scary times.

As a LL I don’t rely on references anyway.

If they’re a nightmare tenant the LL of course is going to tell ‘em they’re great and I should snap them up because the it takes the nightmare tenants off their hands and into the hands of someone else.

An S21 is deemed served from day 2 if it can be evidenced it was sent.

The issue is what happens if the tenant doesn't move at the end and LL has to take the matters through the courts.

At this stage, they would have to show that the S21 is indeed valid legally IE all the rules have been followed. Many S21 don't pass the test at this point.

If the tenant states they have not received and there are reasons to think that's a possibility, it is not impossible that a judge could request that it is sent again, hence the recommendation to hand it in in person with pics or witnesses.

Tenant can stay legally up to the point of being evicted by bailiffs. Not ideal for anyone but sadly in many council, that's the only option to hope for a council house (or temporary accommodation).

But this forum has given her factual information from people who know what they’re talking about.

Fair to assume that without a s21 no one is planning to kick her out. I need to make any phone calls!

It sounds like your friend is going through something a bit different (but sadly common these days).

If people haven’t found anywhere new when s21 ends then they often stay where they are u til they’re forcibly moved out. I can’t imagine many people make themselves sleep on the streets when they have a legal right to stay in a warm home instead.

Re the break clause - if I’d signed the same document for 9 years I probably wouldn’t bother reading through 30 pages either. I’d probably expect any big changes to be flagged. Onus is still on OP for missing that clause (not that it matters now) but I guess it’s a harsh lesson to learn isn’t it!

But seeing as she has an excellent track Redford as a tenant she definitely has a lot less to worry about than most. I do worry for people who have been behind on rent payments who will be highly unlikely to be chosen ahead of people like the OP. Scary times

Scary times indeed when she actually has been looking and there is nothing within her budget so unfortunately she would be behind a LOT of people who have more coin and better jobs I'm afraid. Wrog in every sense but looks like thats the way things are according to the OP. So in that case I would say she has quite a lot to worry about.

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

We can do 6 months rent in advance at a push but lots of agents specify 'professionals only

They want to know occupation and salary before even considering the application. DH is a 'professional' HGV driver working 60+ hours a week and earning over the minimum salary required and I'm in a low level office role due to never getting back into previous career as too much time out caring for DC. Two of the main letting agencies requested this info before putting us forward for properties then said they couldn't consider us 'at this time

He's either selling and waiting to issue an S21 if you don't get out in March at the end of your year or he isn't selling and you need a renewal- or if he doesn't issue you an S21 but no renewal is forthcoming it then counts as on 'rolling' and he can give you notice at any point- I can't remember on rolling if it's 1 months notice or two- whatever it is OP it's better to be informed and plan accordingly. And I woukdnt rely on an eviction and getting council- unless they are in abundant supply where you are this can be totally awful and is out your control

The law states 2 months minimum notice for tenants