or does this sound dodgy to anyone else?!?

[messybedhead]

I'm writing this on my phone so forgive any mistakes.
I'm renting a house which is being sold to a neighbour of mine. This neighbour has told me I can continue to rent it.

He has applied for a buy to let mortgage and he has showed me the mortgage application he made.

My lettings agent phoned me to tell me that a surveyor is coming round on monday at ten o'clock and that not only can I not be here, but I must remove any trace of anyone living here. They want me to move everything- the cot, toys, pictures, all our clothes and bits, everything!

Now I know there is some sort of dodgy arrangement and I think my neighbour is getting the mortgage through my estate agent which is why they are involved with the surveyor...

But I mean surely a surveyor looks at the structure of the building and doesn't care who is living in the house at the moment.

My mum reckons that I'd be completely stupid to do this because once I move everything of mine out and give over my key , then they could argue I've moved out of the property of my own accord and basically this could be there way of evicting me.

If you've read this far than thank you! What I want to know is AIBU to refuse to cooperate, or does anyone know of a type of mortgage where the surveyor needs to see a vacant property?

Thanks.

Unless there is a clause in your tenancy agreement stating that you must be prepared to move out, I would refuse as it is not practical, apart from any possible dodginess.

how long left of your tenancy?

Don't move out! Don't agree to this, if possible be there when the surveyor comes. And go to the CAB ASAP!

get advice pronto but dont move anything.

I haven't heard of anything like that before? Do you have a legal tenancy agreement? It sounds a bit like the landlord has been declaring it unoccupied or not told mortgage company he's renting it out or something. Unless there is a bloody good explanation I'd say no, it is hardly peaceful occupation if you have to do this.

Well dodgy! Your Mum could be right. Unless you are a minimalist this would take you ages. It took us two days to pack up all our stuff when we moved. And where the hell would you put it all! It sounds insane.

If i was you I would be keeping my eyes open for somewhere else to live, just in case.

My tenancy ended in april and we have a periodic tenancy rolling from month to month.

My neighbours who are buying the house think I'm overreacting and that if I don't go along with it he won't get the mortgage... But they can't explain why.

There's nothing in my tenancy about moving everything.

I don't want to faLl out with my neighbours and I want them to buy it so I can live here.

Yep - dodgy. Properties with sitting tenants go for less than vacant, which is why they want the surveyor to see it empty. But they haven't even asked you nicely... So how long's left on your lease?

I'm sure its a legal tenancy I showed it When I claimed HB for us.

I'm not a minimalist which is another reason even if it was all above board why I don't want to do it.

Lease is up- ended in april and now its a periodic tenancy.

I rather suspect that you are stuffed TBH. if you don't move out, they simply won't renew the tenancy next month, if you do move out they may not let you back in.

If they are buying the property with the wrong type of mortgage, if they default on the mortgage you will be evicted, on very short notice. Go to see the CAB. And start looking for somewhere else I am afraid.

This is an extraordinary request of you. Firstly, do not move out ? you may be deemed to have surrendered your tenancy. Secondly, seek legal advice. Try the CAB/Law Centre or your Local Authority ? there will be someone in the Housing Department who has responsibility for investigating unlawful evictions and it will be part of his job to give advice to tenants. If he?s not available, ask to be put through to the Council?s Legal Services.

Given that you don?t have much time and so may not be able to get legal advice, the least you should do is write to the person in charge of the Lettings Agency detailing the name of the person who spoke to you, the date of the conversation, exactly what he has asked you to do and the reasons he has given for the request. Explain your concerns about this extraordinary request and ask for a proper explanation. Send the letter by recorded delivery and ensure that it will have been delivered by Monday. If you could also visit the Lettings Agency today and speak to the person in charge that would be good. You will be laying the foundations for a criminal case, if it's appropriate to bring proceedings.

Finally, fax or email a copy to the Housing Officer who has responsibility for unlawful evictions and ask his advice. It?s part of his job to remind landlords and letting agents of their legal responsibilities and prosecute if appropriate. No legal agent wants to be on the Local Authority?s radar for illegal behaviour not does a letting agent want to acquire a criminal record.

As for the fact that your neighbours are your friends ? friendship means different things to different people. If they don?t buy the property, someone else will. In either event, your tenancy will continue.

Ooops. Legal agent = lettings agent.

who pays the current council tax? You or the present owner?

Just adding that this is seriously dodgy! Even for a full structural survey they work round people living in a house.

Are you sure it was your letting agent who rang and not someone pretending?

Definitely him because I reported a repair which was dealt with.

I pay the council tax here every bill is in my name.