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AIBU?

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Original poster

Nowhere to live over Christmas, advice needed

161 replies

Bakewellbits · 30/11/2024 21:29

I was meant to be completing on my first home this weekend, but the seller pulled out last minute, despite pressuring me for weeks to exchange - there was a legal issue outstanding that took a few weeks for solicitors to resolve, not a big deal, or my fault, but obvs needed sorting. Then at point of exchange the seller decided not to move afterall. I'm devastated.

I've given notice on my rental flat and new tenants are moving in soon. I have nowhere to go now, there are hardly any rentals around that I can afford. Airbnbs costs a bloody fortune. I need to be able to commute to work in London 3-4 days a week. I've spent 20 years saving for my deposit, I can't afford to go throwing several grand away on an Airbnb for several months while I get my shit together finding a new rental or place to buy - then I'll never be able to afford to buy. I have no family left, and no close friends any more so can't stay with anyone.

Any advice? And yes, things could be worse, I could be completely broke and homeless, so at least I'm lucky enough to have some funds.

OP posts:
Thread gallery
9
AnotherEmma · 01/12/2024 21:04

Lollypop25 · 01/12/2024 20:57

Yes actually, I have a law degree and have worked in the industry for over a decade. That's how I know you're talking rubbish 💐

Show quote history

What's with the flowers?! Grin

AnotherEmma · 01/12/2024 21:06

AnotherEmma · 30/11/2024 23:34

Oh and please do ignore the posters telling you to "rescind" your notice; you can't do that. Your tenancy will end when it was due to end, and if you did stay, your landlord wouldn't need a court order to evict you.

From Shelter Legal:

Status of tenants after notice period expires
A valid notice to quit (NTQ) served by the tenant will end their periodic tenancy. The tenancy ends when the NTQ expires.
Former tenants who can be lawfully evicted without a court order after their notice expires
The following occupiers can be lawfully evicted without a court order if they remain in the property after the notice period they gave in a valid NTQ expires:
excluded occupiers
statutorily protected tenants
Statutorily protected tenants are:
Rent Act protected/regulated tenants
assured and assured shorthold tenants
[OP is an Assured Shorthold Tenant]
from https://england.shelter.org.uk/professional_resources/legal/renting/how_a_tenant_can_end_a_tenancy/occupiers_notice_to_end_a_periodic_tenancy_or_licence#status-of-tenants-after-notice-period-expires

@Lollypop25
How do you explain this, then?
Can you share a reference confirming that you are right and Shelter Legal is wrong?

Lollypop25 · 01/12/2024 21:08

AnotherEmma · 01/12/2024 21:06

@Lollypop25
How do you explain this, then?
Can you share a reference confirming that you are right and Shelter Legal is wrong?

Show quote history

It's well known that notice can be rescinded by mutual agreement, and you're giving bad advice by misquoting Shelter which could leave vulnerable people scared and afraid. Do better.

AnotherEmma · 01/12/2024 21:13

Lollypop25 · 01/12/2024 21:08

It's well known that notice can be rescinded by mutual agreement, and you're giving bad advice by misquoting Shelter which could leave vulnerable people scared and afraid. Do better.

Show quote history

Ah but at no point did you specify that it has to be by mutual agreement. You implied that the tenant can just rescind their notice. Actually the landlord has to agree to let them stay beyond their notice ending.

AnotherEmma · 01/12/2024 21:17

"You cannot withdraw a valid notice if you change your mind.
Your landlord may agree to let you or other joint tenants stay on after a notice ends."
https://england.shelter.org.uk/housing_advice/private_renting/ending_a_periodic_tenancy/how_much_notice

If you want to argue that I am "misquoting" Shelter (how is it misquoting if I'm using C&P?!) please do enlighten us as to the correct reading of those very clear words.

Shelter icon

How much notice to give your landlord - Shelter England

You can end a rolling or periodic tenancy with a notice to quit. Your notice must give the right amount of notice and end on the right day. Use our template.

https://england.shelter.org.uk/housing_advice/private_renting/ending_a_periodic_tenancy/how_much_notice

Lollypop25 · 01/12/2024 21:24

AnotherEmma · 01/12/2024 21:17

"You cannot withdraw a valid notice if you change your mind.
Your landlord may agree to let you or other joint tenants stay on after a notice ends."
https://england.shelter.org.uk/housing_advice/private_renting/ending_a_periodic_tenancy/how_much_notice

If you want to argue that I am "misquoting" Shelter (how is it misquoting if I'm using C&P?!) please do enlighten us as to the correct reading of those very clear words.

Not quite, I said it was plainly untrue that you cannot rescind your notice. You can, by mutual agreement.

This is an unhelpful conversation to OP and I'd suggest you look for alternative sources or practise source verification as you've already misquoted me and Shelter is sharing only very basic information.

https://www.citizensadvice.org.uk/scotland/housing/ending-a-tenancy-s/leaving-a-tenancy/#:~:text=If%20you%20have%20a%20private%20residential%20tenancy&text=If%20you%20change%20your%20mind,permission%20by%20writing%20to%20them.

"If you change your mind, you can withdraw your notice with the landlord's permission by writing to them. You should do this as soon as possible in the same way as you sent the notice. Keep a copy for your records."

I won't be engaging in your point scoring anymore, fact is you can, by mutual agreement, rescind your notice. So suggesting OP ignore those that say it is an option is bad advice.

Leaving a tenancy

This page explains how you can legally leave a private or public tenancy, and common problems such as leaving belongings behind or being owed money by the landlord.

https://www.citizensadvice.org.uk/scotland/housing/ending-a-tenancy-s/leaving-a-tenancy#:~:text=If%20you%20have%20a%20private%20residential%20tenancy&text=If%20you%20change%20your%20mind,permission%20by%20writing%20to%20them.

AnotherEmma · 01/12/2024 21:27

Lollypop25 · 01/12/2024 21:24

Not quite, I said it was plainly untrue that you cannot rescind your notice. You can, by mutual agreement.

This is an unhelpful conversation to OP and I'd suggest you look for alternative sources or practise source verification as you've already misquoted me and Shelter is sharing only very basic information.

https://www.citizensadvice.org.uk/scotland/housing/ending-a-tenancy-s/leaving-a-tenancy/#:~:text=If%20you%20have%20a%20private%20residential%20tenancy&text=If%20you%20change%20your%20mind,permission%20by%20writing%20to%20them.

"If you change your mind, you can withdraw your notice with the landlord's permission by writing to them. You should do this as soon as possible in the same way as you sent the notice. Keep a copy for your records."

I won't be engaging in your point scoring anymore, fact is you can, by mutual agreement, rescind your notice. So suggesting OP ignore those that say it is an option is bad advice.

Show quote history

You've quoted Citizens Advice Scotland and OP lives in England. <slow clap>.

Next time be more specific that it would need to be by mutual agreement when you say OP can rescind her notice.

(Again, how am I "misquoting" you? The posts are there for everyone to see.)

Lollypop25 · 01/12/2024 21:33

AnotherEmma · 01/12/2024 21:27

You've quoted Citizens Advice Scotland and OP lives in England. <slow clap>.

Next time be more specific that it would need to be by mutual agreement when you say OP can rescind her notice.

(Again, how am I "misquoting" you? The posts are there for everyone to see.)

Show quote history

Not the slow clap 😂 could you be anymore arrogant? For what purpose?

Personally, I'm ensuring OP is aware that rescinding notice by mutual agreement is an option so they are aware of their options.

For what reason and to what end you are arguing so specifically on this point (sponsored by Shelter) is unknown but the facts are facts.

You have a lovely evening Emma.

Startinganew32 · 02/12/2024 08:26

Not quite, I said it was plainly untrue that you cannot rescind your notice. You can, by mutual agreement.

LOL you can do more or less anything by mutual agreement. Not helpful here where of course the landlord isn’t going to miss out on the new tenants in order to let the OP stay three months longer until she finds another property to buy.

PurpleHiker · 02/12/2024 12:12

Join the 'Wallington Surrey' facebook group and ask there if anyone has a spare room. There are 59.5k members on that group and someone may be able to help. There are direct trains to London Bridge from Wallington and it's only a short drive or bus journey from Coulsdon. Good luck, I hope you find somewhere.

DahliaRose3 · 05/12/2024 20:04

How are you getting on OP?

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