Eviction advice

[Str4ngedaysindeed]

I could really do with some help here! My daughter is pregnant and she and her partner already have a DC. They have lived in a flat for over a year with an assured Shorthold tenancy which has recently been signed till April next year. Landlord has announced he wants to sell it, has put it on the market and says as soon as it is sold he will allow them to leave. I am pretty sure there are legal steps ! Section 8 is needed surely?? DD is really worried and, although they are happy to move I feel the landlord ( and agency) is acting completely incorrectly. Can anyone explain it for me? Thanks. They have never defaulted on rent or done anything contravening the tenancy btw

Anyone? She's so worried and I am really concerned too! I'm taking her to the council this week to hopefully get some help but it's just awful.

She has recently signed a new contract until April 2018?
if so, I don't think he can evict her and has to sell the property with sitting tenants.

oh and if they are this crap, do check the deposit is in a proper scheme. If not, she can get up to 3x back no contest.
if her contract is to next April then he ought to be prepared to give her a financial inducement to leave early btw.

Thanks so much. That is what I thought! The agency is telling her all sorts of rubbish too. Like ' the landlord will allow you to get out of the contract once the property is sold'. That's not right is it??

Utter bollocks as she does not want to be and has not asked to be released from the contract. She needs to make it clear to them she has no intention of leaving until next April unless LL wants to make it worth her while. I assume she is in the UK?

Yes. It's just horrible. The for sale sign is up and they have been told to expect viewings ....

www.thetenantsvoice.co.uk/your_home/landlord-selling-property/

Yep, her rights still apply. He or her new LL (prospective buyer) has to serve a section 21 next March. (Section 8 is evicting if she has broken contract, section 21 is notice).
unless there is a break clause caveat in the contract?

7.9.2 If the Landlord shall desire to terminate the tenancy hereby created at or at any time after the end of the first six months thereof he shall give the Tenant not less than two months previous notice in writing of such desire then immediately upon the expiration of such notice the tenancy hereby created shall cease and be void.

I don't know much about those as my agent does not use them. Some info here implies she would still be there til end of September though.
www.propertyinvestmentproject.co.uk/blog/tenancy-agreement-break-clauses/

Unless there is something in the contract I am not sure she even has to allow access for viewings (see first link).

Any good agent knows all this by the way. I assume therefore the same letting agent is also the property agent and are acting in their own interests.
in short:
No break clause in contract, she stays til next April unless they pay her money to leave (if she wanted to leave earlier than April her rent would still have been due, it works both ways)
Break clause in contract, they give section 21 July, she goes end Sept?
Viewings with at least 24 hours notice at her discretion, she can refuse some as she has right to enjoy property while in it.
This is all assuming she has resigned and entered into a fixed tenancy April 2017-18 and it has not become a rolling contract/periodic tenancy.

Thanks. This is all really excellent. The other thing is ( sorry if I'm drop feeding!) The reason the landlord wants to sell so because repairs are needed (ill fitting windows causing draughts and ancient heating) and he has refused to do them. Poor DS is so down today.

england.shelter.org.uk/housing_advice/repairs/what_to_do_if_your_landlord_wont_do_repairs

www.masslegalhelp.org/options-if-your-landlord-refuses-to-make-repairs

Have to say that makes it harder.
I would question whether with a new baby they would want to stay during Winter. Clearly the LL does not give a shit and/or has a cash flow problem if selling rather than renovating.

either:
1 they stay as sitting tenants and put onus on new owner to do new windows and boiler before Winter (unrealistic timescale? not sure. I have had a new boiler for 4k installed for a tenant within a week before).
2 they call the LL bluff and say they are staying til April regardless of repairs not being done in the hope he gives them a financial incentive/compensation to leave early (harder to sell a property with sitting tenant unless it is to a buyer who wants to buy to let anyway).
3 they let potential vendors know of problems during viewings until LL actually gives in and does something (unlikely)
4 they take legal action for compensation (see shelter link) The other link mentions withdrawal of rent but as this can lead to a section 8 it would be stressful, she must keep a paper trail/log/do it by the book.

it depends on how hard they want to play ball. Certainly if they have a contract until next April without a break clause, they do have some leverage. (To go nicely with a decent reference, full deposit back, compensation). If LL has financial problems though they might not be in a position to buy their cooperation in advance.

Why did they re-sign if the property is freezing btw? Stability/catchment area/nothing else available?
Sorry for them. I've been there, pregnant and cold, it's beyond shitty (which is why I am a decent LL with decent agent).

They re-signed as landlord said he would do it and even got people out to do quotes and then said oh can't afford it after all and decided to sell instead! It's all a big muddle now. Thanks so much for all this advice

You're not in the east are you by any chance with a lovely little house for them??? 😁😁

I'm not lovey or I'd PM you. Am renting out one house to a tenant I have had for years now. Will be gutted if they ever leave. That's why rogue LLs annoy me so much: many of us just want decent long standing tenants, especially if we're accidental landlords (negative equity, moved away etc). The bad apples give us all a bad name.
to DD/DS.

Another lying agent. They cannot be evicted if they don't breach,section 8 is only for breach. They do not have to allow any viewings. The place can be sold but the fixed term tenancy is unaffected. That is the point of a fixed term.

Both sides signed with open eyes, tenant for a dump and landlord to give tenant a years fix. Landlords cannot have cake and eat it by expecting tenant to pay rent until sale and then vanish. Property can only be sold to another landlord.

She needs to

• read the how to rent guide and get informed of rights.
• write ( not kiddy comms, write with proof of posting) to the landlord and agent stating the position and refusing viewings. Could offer to take payment to leave early.
• she can change locks , as long as old ones go back when they leave and damage is made good

We've been to the local council who have reassured her which is great. It will just be an unpleasant few months I guess. The council are also sending environmental health in to check the repairs and if they can be legally enforced. Thanks both.