Mother having to leave her retirement flat with nowhere else to go

[Laguiri]

My mother has been living in a rented retirement flat for the past year, and she’s been very happy there. However, she’s been served a section 21 notice on her tenancy. She has 2 months to leave. The owners are selling the flat. She sold her home after moving in, so can afford to buy this or another flat.

HOWEVER, there are currently no other retirement flats in her price range in the area she wants to live, and someone else is interested in the flat she’s currently occupying who has already bid over the asking price, so there’s the very real possibility of a bidding war (which she will be unlikely to win).

At the moment, me and my sibling are scouring the internet for other flats to rent or buy, as well as negotiating on the flat she’s currently in, with little success so far.

The other problem is that even if she bought her present flat or another one, the sale would be unlikely to be completed before she had to move out, and it’s not at all certain a short-term tenancy could be arranged to tide her over.

Is there an idea we’re missing? A possible short- or long-term solution we haven’t considered?

Thanks for any suggestions.

have you read the T&Cs?? when you say “retirement flat”, what do you mean? she saw it as her retirement flat?

Is it in a retirement complex specifically for people over a certain age or did she see it as her retirement home? Dont official retirement flats have clauses about length of rental?

Have you spoken directly to the vendors? If they know she’s interested in buying surely it’s an easier sale for them?

the benefit of buying a bona fide retirement flat is that this doesn’t happen

so i’m guessing you and your mother thought of it as a retirement flat

Have you approached the council? There may be sheltered accommodation available with them?
Depending where you live you may be able to do it all online via a choice based letting scheme.

I’m unclear what you all mean by suggesting that this can’t happen in a proper retirement flat. In my area retirement flats are available to rent on short-term contracts much like other rentals, only for older people.

No, it was a retirement flat in a complex of retirement flats for people over 60, with warden, communal areas, etc., but owned by a private individual (assume inherited) who now wants to sell. The vendor knows she wants to buy it so we didn’t initially envisage any problem, but now someone else is interested so the agent is looking to start a bidding war…. We haven’t even been ‘officially’ told the asking price yet and the flat isn’t even on the market yet 🤷‍♀️. We’re tearing our hair out trying to think of a way forwards.

Well she doesn't have two months to leave. She has two months until the s21 notice expires and the landlord has to start the legal process to evict her. Given they've set up as retirement flats I'd have no moral dilemma about staying till the end in these circumstances. Shes at risk of homelessness so she can approach the council which can help her look at alternative schemes. If she's a cash buyer it shouldn't take too much longer to find somewhere to buy and do the checks if its chain free. But she needs a back up

The option you're missing is she stays put, she doesn't have to move out on the date on the section 21. The point where she would have to move out is when a court grants an eviction order, and they are not quick.

I'd be suspicious about whether this 3rd party exists at all, frankly.

I would make a direct offer the owner, pointing out the advantages of no chain/delays and saving on estate agency fees.

Sounds like you need to get firm confirmation of the asking price, approach the vendor directly if you don't get joy from the agent. Cut out the middle man on their fees if they can't see common sense. They might not have given accurate info to the seller.
Surely someone who is in position and for a quick purchase means a deal can be done.

She absolutely does NOT leave in this position.

She offers to buy the flat and if they landlord has any sense at all they will take her offer. The reality is that most solicitors won't exchange on a flat that isn't vacant so if they don't accept your mums offer they are likely to have quite a long void period.

She should just stay put, stay silent, continue paying rent and wait for the owner to apply for an eviction order. Don't let the owner or agent think you are panicking or desperate to buy the place. I would be astounded if this third party buyer actually exists, as retirement properties are renowned for being extremely difficult to sell, and I know people who have had to virtually give them away to get rid of them.

When the owner finally applies for an eviction order you can go to the council and ask for sheltered housing for your mum.

if you're looking at flats to buy - buy it from the owner? make an offer they cannot refuse. they'll save on estate agency fees too. (maybe offer to pay their legal fees? our previous buyer paid ours as she wanted the house so desperately!)

what an awful situation for your mum. Best wishes

Is her rent inclusive of service charges? Once she owns it she'll be liable for the share of a new roof, a new lift, a new sprinkler system etc. Does she want that? Most don't!

Can she offer to buy the flat she lives in?

IMO great advice in here including @Avacardo2023 .
Long shot, but have you asked about almshouse availability in your area for your mum?

how long was her contract for when she moved in ?
In these circumstances the vendor aloft always ask the person do they eat to buy it
I can’t understand how they’ve contacted a n estate agents !
only to have to buy estate agents fees, when they could just ask your mum as she wanted to buy it in the first place

doesn’t ring right this ! Perhaps there trying to get much more than it’s valued for

Just to clarify, she WANTS to buy the flat she’s in, but for reasons we don’t understand, the agent is being evasive. We do not know who the vendor is and the agents can’t/won’t tell us, so we cannot make a direct offer to the vendor.

I am also suspicious as to the existence of this third party buyer (but perhaps a relative of the agent?), but they are apparently going for a viewing later this week. I have advised my sibling (who will be present) to sabotage the toilet cistern and lay down some sulphur in the kitchen and bathroom to make the flat smell of drains.

The advice about just staying there regardless has been really helpful: we hadn’t considered this (didn’t even contemplate/know about the possibility) and it would give us breathing space to find her alternative accommodation, so we’ve been checking the CAB and Shelter webpages, and yes, it seems she could dig her heels in. Persuading an 87 year old vulnerable woman to do this will be our biggest problem.

Tomorrow we shall be ringing CAB, Shelter and the council to explore options.

Thanks everyone xx

The vendor will be the owner of the flat ie her landlord. The agent is obliged to give the landlord's details if she asks for them.

If she does wait to be evicted she will of course be liable for all the landlord's court costs so whilst a back stop position if she wishes to be made homeless for social housing not wise if planning to privately rent as it will affect her reference.

The obvious short term living arrangement which I see you and your sister are seeming to avoid is that she moves in short term with you whilst looking for another rental or property to buy.

Your sister's advice to put down sulphur is ridiculous. In any event your mother does not have to allow viewings while she is a tenant anyway and they will have to wait until after she has moved out if they won't sell to her.

I don't think she has to allow the viewing while she is the tenant so that's worth checking out.

Just to help us understand am I right that the situation is:

The flats belong to Mccarthy and stone or similar who manages them.

However your mum rents from the owner of one of these flats who is now selling. I'm guessing they have inherited it.

If so have you spoken to the company running the complex? There may be others available or they may know about.

but they are apparently going for a viewing later this week

Your DM is under no obligation to allowed anyone in for viewings. She should decline these.

DM has a legal right to know who the owner/ landlord is. It should be on her tenancy agreement.

Don’t allow anyone in for viewings. They cannot force her to. She is allowed to refused. Tell the agent that no viewings will be happening. The owner also cannot make the warden let anyone in for viewings; it is your mum who lives there so it is her choice, not the owners.

You can obtain the owners/vendors details of your mum’s rental property directly from the land registry online for a small fee. Then you can contact them directly. It would make sense for them to sell to her directly as they will save on the estate agent fees and will have no period of the property being vacant without rent.
Also your mum does not have to agree to allow other people to view the property whilst she is living there. I would explain to the landlord agents that she is elderly and vulnerable and access for viewings will not be allowed for the duration of her stay.
If your mum does not buy the property and is subsequently evicted through the courts, you will then be able to approach the council to see about the possibility of retirement accommodation through them.