Landlord selling, advice please!

[Bingcankissmyass]

We've lived in our current home for nearly 20 years, with a tenancy agreement for the first year but none after that. LL turns up right before Christmas and tells us hes selling up and asks us to be out mid feb. Fair enough, its his house to do what he wants with. The problem we're having at the minute is we found somewhere to buy, offer was accepted, solicitors on the case, seller had somewhere to move to (expected to be out end of Jan) when the house our seller was buying fell through. So now are still here with nowhere to go. We are looking again, but everywhere we look its "oh an offers been accepted on that one." Ideally we would love to buy our original choice, but the seller still has to find elsewhere to live (cant live with son/daughter) and that could take a few months. Can our LL evict us? We haven't had anything in writing about him wanting us out, all he said was once we are out hes going to give the place an overhaul then sell it. I'm seeing conflicting advice on the new covid act and tenants and my brain has turned to mush. Any advice would be greatly appreciated!

No. Your landlord should have issued a Section 21 which at the current time gives you 6 months notice. This is not to say you have to be out in 6 months it is only after 6 months your landlord can take you to court to get you evicted. I would carry on with your purchase and just say to the landlord you want a legally valid section 21 issued.

He has to give 6months notice.

Your landlord needs to give notice in writing not verbally, and this will give you 6 months before he can apply for permission to evict you through the courts. Even if he does do that it would take around another 6 months.

Thank you! That's made me feel a lot less stressed!!

It's definitely six months notice at the minute.

The first thing I would do is talk to your landlord. If you've been there 20 years, presumably you have a good relationship, and it may be that with the Pandemic dragging on, your landlord would be happy to agree an extension anyway.

It would be a shame for such a long relationship to end in acrimony and arguments about eviction when it might not be necessary. Plus if he is booking builders etc based on your agreement that you would be out in February, it is best to be clear if that won't be happening.

Yes as pp said it is now a 6 m notice period which must be in writing in the prescribed form (not by email unless you have agreed also in writing in the tenancy agreement or subsequently that you will accept service by email). You do not need to do anything including informing your landlord his notice was invalid. Once a valid notice is served the landlord can do nothing except wait for the 6 months to expire, he can then make an application to court for a possession order (PO). Once granted if you do not move out by the appointed date, the landlord can make an application for a warrant of possession, for which there is not normally a hearing,and a date will be given on which day the bailiffs will attend. If you are still in the property at that point, which would be foolish, the bailiffs will remove you.

There are costs consequences if you don't move before the landlord makes an application for a PO. These are the court fees which you can find on the website but are 255 or 365, plus a warrant app fee if it got that far. There are fixed costs on top of around 150 for legal costs.

The courts are stacked up. If you continue paying your rent you will not be a priority of the court so you probably have at least 4 months the other side of an expired notice before even getting a date.

If you engage with your landlord and negotiate, it's much nicer for all parties.