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Original poster

Overstaying in rental - house owned by church

40 replies

chorusline79 · 07/07/2021 10:21

Hi,
Apologies this is long winded! We are currently renting a vicarage and In January this year we were told we had to be out by 26 July.
We had offer accepted on a house to buy in early February, so all good we thought! Except that the house sale is still not done. It was a probate and the vendor made mistakes with paperwork so it has delayed even further ( i know it can take ages anyway) so we are told probate should be through anytime now. We have done the searches etc and all else in place but obviously we could still be a little way away. We have asked the church for a month extension and they have said no, and that their policy is to start legal proceedings and that they will make us pay the expenses. We are stuck as we have nowhere to go! One solution is to move in early to our new place with some kind of agreement drawn up ( rent free as it's empty and vendor is ok with it) but our solicitor advises against it.
I'm not sure whether we just try and stick it out here and risk repercussions or to just move in against solicitors advice - does anyone have any experience? Advice or insights as I feel like my head is going to explode right now!

OP posts:
2bazookas · 07/07/2021 17:33

[quote chorusline79]@Radio4ordie

They're not. The people moving in are living locally already and are a couple with grown up children

But we do need to leave as I don't want the hassle and stress as the estate agent tells us they won't be flexible at all. I think we will just have to go against solicitors advice and move in and hope the sale goes through! Yes to the previous poster who said they will be worried about it in terms of sale not going through.
[/quote]
You need a proper tenancy agreement. Then if the sale doesn't go through the worst that can happen is that you have to look for another house to buy ( as renting tenants, while living in the rented place, paying rent of course)

Bluntness100 · 07/07/2021 17:35

I have no idea why your solicitor is saying no. We did this, we had issues with the land registry so we rented the property until the date we could complete, the solicitor drew up an agreement, we all signed, we moved in.

theologianextradionaire · 07/07/2021 17:39

OP if you live in Essex in a village near Colchester I'd suggest you get this thread deleted.

Original poster
chorusline79 · 07/07/2021 20:02

@theologianextradionaire - no I don't!

OP posts:
Original poster
chorusline79 · 07/07/2021 20:05

It's not their fault your house sale is delayed, a fixed term is just that.

Did I say it was their fault at any point? Yes I'm aware of that, Thankyou. Oh and did you really think I didn't think of asking if there is any wriggle room?! Jeeez.....

OP posts:
Original poster
chorusline79 · 07/07/2021 20:07

Thanks to those who have offered advice and experience etc of this. I do appreciate it and good to know that it can be done as I'm looking for a solution that works for everyone.

OP posts:
YelloYelloYello · 07/07/2021 20:46

@theologianextradionaire

OP if you live in Essex in a village near Colchester I'd suggest you get this thread deleted.
Why?
Radio4ordie · 08/07/2021 15:46

^Based on the person’s name I’d guess they are/know the vicar in question, very keen to move into their house and start their new post.

MattHancocksSexTape · 11/07/2021 15:39

@chorusline79

Ok so I didn't realise this but we have in fact been served the section 21 which was sent to us when they gave us notice 🤦🏼‍♀️ so the section 21 has the date of 26 July on it. So I guess we will be liable for costs if we are not out by that date!
@chorusline79 when did they issue the section 21?

If it was before 1st June, they have to give you 6 months notice (so would have had to have issued it in January). After 1st June it’s 4 months notice.

Original poster
chorusline79 · 11/07/2021 18:40

Thanks @MattHancocksSexTape

We have resolved the issue now
I've spoken to vendor and we are moving in early as she is ok with it.
Our solicitors will draw up an agreement
It's not ideal but best option as we can't do a short term rental ( non available) or an Airbnb ( tourist area) and I can't cope with the stress of the church saying they will take us to court. At least we won't be homeless.

OP posts:
StCharlotte · 12/07/2021 08:30

When I moved in with DH my purchaser moved into my flat and rented it for a couple of months while the legal stuff went through. Bit irregular but it worked so it's not unheard of (my boss was my solicitor Grin).

OhNoNoNoNoNo · 12/07/2021 08:54

Glad you have it sorted OP

Original poster
chorusline79 · 12/07/2021 08:57

Thanks @StCharlotte and @OhNoNoNoNoNo I'm just relieved to have a plan and luckily our vendor is kind and accommodating!

OP posts:
whycantwegoonasthree · 12/07/2021 10:46

@theologianextradionaire

OP if you live in Essex in a village near Colchester I'd suggest you get this thread deleted.
Well that's vaguely sinister/threatening... What are you, the illuminati?
Original poster
chorusline79 · 12/07/2021 11:29

@whycantwegoonasthree yes - quite!HmmGrin

OP posts:
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