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Elderly parents

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

54 replies

Laguiri · 20/12/2023 17:37

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.

OP posts:
HamBone · 20/12/2023 19:48

helpfulperson · 20/12/2023 19:34

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.

Yes, definitely speak to the manager, they’ll know what’s going on. Also, the owner of the flat will be on her tenancy agreement as a PP said.

My Dad rented one flat and then bought another flat in the same retirement complex. We let the manager know that he was looking to buy and it was helpful. He also inquired whether his LL wanted to sell (they didn’t) as it would’ve been an easy cash sale for them.

The estate agent is being ridiculous, selling directly to their tenant will be such an easy sale for the owner.

PinkPlantCase · 20/12/2023 19:49

Will the council help to house someone who has enough cash to buy somewhere outright?

easilydistracted1 · 20/12/2023 19:53

@Spirallingdownwards through landlord fees aren't automatic it's at the discretion of the judge if it goes that far. I'd be incredibly surprised if there wasn't a great degree of sympathy for her given her age

velvetoptions · 20/12/2023 19:59

PinkPlantCase · 20/12/2023 19:49

Will the council help to house someone who has enough cash to buy somewhere outright?

no

StopGo · 20/12/2023 20:02

Retirement flat not yet on the market but getting an offer over asking price? Pardon my French but complete bullshit.

Sorry from seller not you

diddl · 20/12/2023 20:03

StopGo · 20/12/2023 20:02

Retirement flat not yet on the market but getting an offer over asking price? Pardon my French but complete bullshit.

Sorry from seller not you

Edited

It would seem so wouldn't it?

Why wouldn't you offer it to a tenant?

EmmaEmerald · 20/12/2023 20:04

OP "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."

wha the what now?

Livelovebehappy · 20/12/2023 20:06

Not sure having your mum remain there past the section 21 notice is a good thing. It’s going to be very stressful for her, especially if the landlord starts harassing her, or she’s getting paperwork through to complete etc. She’s 87 and shouldn’t be having to go through this. Elderly people tend to want to do things by the book too, and this might be something she’s not happy doing. I’d just carry on looking for something for her.

Lemonfoxtrot · 20/12/2023 20:11

Hmm agree with PPs - these flats tend to hang around in the market for ages.

Often people who have inherited want rid!

I’d contact owner directly- I’d be delighted to have a tenant buy the place. It means they can continue to pay rent until the day of exchange, so there is no void.

Also much lower risk of sale falling through. The person actually lives there! Less chance of them shopping around for another option.

Why wouldn’t the vendor want to sell to your mother? Seems win win- except from the estate agent it seems!

Lemonfoxtrot · 20/12/2023 20:14

But be careful about it being over priced- the estate agent will see your mother is keen to buy it, but hold nerve and only make offer she is comfortable with.

selling to your mother is good for the vendor.

AnotherEmma · 20/12/2023 20:20

"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."

Stop giving such insane and irresponsible advice, you clearly have no idea!

It would be much better for your mother to refuse viewings than to pull any nonsense like that.

The date on the Section 21 notice is not the date she has to move out by; it's the date after which her landlord could apply to court for a possession order, which is likely to take months. The first thing to do is check whether the S21 is valid. She would be within her rights to wait until there's a possession order and only move out then. Lots of helpful info at https://england.shelter.org.uk/housing_advice/eviction/section_21_eviction

The landlord is going to struggle massively to sell it without vacant possession. I think the estate agents are talking bullshit being dodgy. Your mother is in a much stronger position than you think. She could make their sale very difficult if she stays put until they can evict her legally. It would be in their interests to sell it to her, so she should offer a reasonable price and not panic and offer too much.

Shelter icon

Section 21 eviction - Shelter England

Find out what a section 21 eviction is and the process private landlords must follow to end an assured shorthold tenancy.

https://england.shelter.org.uk/housing_advice/eviction/section_21_eviction

velvetoptions · 20/12/2023 20:27

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.

you sound a little psychotic here OP

velvetoptions · 20/12/2023 20:28

i’m willing on the vendor. if this woman is anything like the OP, her child, then i’d want nothing to do with this family in any shape or form

olderbutwiser · 20/12/2023 20:30

My mum was in exactly this position - her flat was perfect for her and in hindsight we should have just thrown everything at it to win the bidding war.

I wish we'd had the nouse to dig our heels in, slow the process down and pull the cash together.

velvetoptions · 20/12/2023 20:30

This reply has been deleted

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FreshWinterMorning · 20/12/2023 20:38

No ideas @Laguiri Life is so hard for everyone, and only people in social housing with permanent lifelong tenancies are safe for life now. Even buying is no guarantee, as you could be made jobless and not be able to pay the mortgage.

Lots of people 60-65 and older who are private renting, have been made homeless this past year. It's horrific. I suggest you contact the council. Maybe she can go into some kind of sheltered housing scheme?

How old is she? Sorry if you said. I can't see her age anywhere.

Lamelie · 20/12/2023 20:41

Exactly what I was about to post. Stay out, offer to buy it pointing out the advantages and also look into Alms houses

pretzelbreath · 20/12/2023 20:56

This all sounds very dodgy OP. I'm willing to bed there is no third party interest. She has a legal right to know who her landlord is and she also doesn't have to allow any viewings. Considering she is probably a vulnerable elderly adult you and/or your sister need to step in here and advocate for her. Contact CAB and Shelter for some advice.

easilydistracted1 · 20/12/2023 21:04

@FreshWinterMorning 87! It's detailed within a long post at 7:24. This is why any move needs very careful planning. I don't imagine she intended to move again.

binkie163 · 20/12/2023 21:04

Avacardo2023 · 20/12/2023 18:55

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.

This.
Start keeping a diary of any contact from the vendor, ask that it is done by email or in writing. If any threats happen call police. You can't just evict people these days. I hope you get a good resolution soon.

easilydistracted1 · 20/12/2023 21:06

@Livelovebehappy if the landlord harasses her thr family should get in contact with the illegal eviction team in housing as that's not allowed. I don't imagine she'd want to be there on an ongoing basis as there will be paperwork but two months including Christmas is completely unrealistic

captainhampton · 20/12/2023 21:08

you can find out who owns the flat by one of those £3 reports from Land Registry.

I think? unless things have changed

SD1978 · 20/12/2023 21:19

Viewing should be with a minimum 24hr notice, or she doesn't have to let them in. And as others have said, a section 21 is the start of the process, not the end. Do they have the landlords contact details to make a direct offer not through the state agent? Do you know roughly how much flats go for in the place she is?

Spirallingdownwards · 21/12/2023 08:33

easilydistracted1 · 20/12/2023 19:53

@Spirallingdownwards through landlord fees aren't automatic it's at the discretion of the judge if it goes that far. I'd be incredibly surprised if there wasn't a great degree of sympathy for her given her age

I disagree. Her finances are such that she can actually afford to buy a flat outright or rent privately elsewhere. The court will take that into consideration. She isn't someone on the breadline staying on because she needs the council to rehouse her

Jellycats4life · 21/12/2023 11:22

The agents are being very shady indeed. I wouldn’t trust them as far as I could throw them.

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