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Legal matters

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Landlord selling I am 8 months pregnant

32 replies

Happysad92 · 01/09/2022 08:44

Hi everyone.

I need some advice please. I am currently 8 months pregnant, our EA has said the landlord will be selling the 2 bed house we are currently renting on a assured shorthold tennancy. Our tennancy started on 10/04/2022 and ending on 10/10/2022 so 6 months. They have put the house up on market, so they are holding views starting from next week. I want to ask when our tenancy comes to an end by 10/10/2022 and if by then we have not found anywhere what can they do? It's hard because we have no deposit saved up for a new place to rent and I will going on maternity leave soon
as I am due end of October. If we are still in property by the end of the tenancy and they haven't managed to find a buyer can we get help from council. They have said if they do get a buyer they will give us 2months notice after contracts are exchanged so it can take a few months or if another landlord buys the property we can stay on as tenants. I just need to know what situation we will be once tenancy has come to and end, will it renew until a buyer is found. We thought we could buy the house but our mortgage has been declined. Please advise. Rental market is so unpredictable at the moment, when we got this tenancy we thought we may be in it for at least a few years but we don't want to find another private rental property only to be asked to go after 6 months with a new baby. Please help. It's just me and my husband with a little baby on the way.

OP posts:
endofthelinefinally · 01/09/2022 08:48

Contact Shelter. They will give you correct advice. I am sorry you are in this situation.

endofthelinefinally · 01/09/2022 08:48

Contact Shelter. They will give you correct advice. I am sorry you are in this situation.

MrMrsJones · 01/09/2022 08:49

You dont have to allow any viewings at all, I know that.

Petronus · 01/09/2022 08:56

Don’t allow the viewings. You’re heavily pregnant, they can sod off or compensate you. I know someone who got a hefty rent reduction from allowing viewings in a similar situation. That would help with the next deposit.

buzzbuzzybuzz · 01/09/2022 09:01

As PP said ask for a reduction on rent to allow viewings. What was the original plan when you signed the 6 month tenancy?

Dadaya · 01/09/2022 09:08

It sounds like they are willing to let you stay until the house is sold, and give you two months notice if you need to vacate. That sounds very reasonable. If you start being difficult and refusing viewings I think you’ll find the landlord will give you notice immediately.

Happysad92 · 01/09/2022 09:08

We originally thought we could extend the tenancy after it came to an end, by another 6 or 12 months. We have allowed viewings as i thought this would be our duty within the contract to allow viewings as we are entering our last month of tenancy. They do not know I am pregnant as I didn't think they would need to know, I was thinking we will extend our tenancy anyway so will let them know then. We both work full time, and this was not a planned pregnancy. To add, this is our first private rental as before we lived with family. It took a good few weeks to pass all checks to be granted this tenancy, we are good tenants, pay rent on time, both working professionally, keep the property tidy. When our tenancy ends, what will happen.

OP posts:
Happysad92 · 01/09/2022 09:11

They are doing viewing whether we refuse or not. They hold a spare key and will enter and show viewers around themselves. We have notified that we work full time so if they need to conduct viewings they will do so. I haven't argued this, as I put offer for the property but we didn't pass mortgage application due to visa limitations for my husband.

OP posts:
ImAvingOops · 01/09/2022 09:14

They aren't allowed legally to do viewings if you refuse. I'd change the lock barrel so they cannot access without permission and seek legal advice. Letting themselves in is very shady!

Canihaveacoffeepleasexx · 01/09/2022 09:15

To the best of my knowledge the council will tell you to stay in the property and make the landlord apply for a section 21 to have you evicted. The process can take a little while I believe so may buy you some time. If you leave the council will say you made yourselves intentionally homeless and will not home you. However you will also only be entitled to a 1 bedroom property (unless your area is different).
I would call the council for advice or could you maybe get a shared ownership property with a housing association etc? If you can get your mortgage approved (obviously don’t know what the reason for the decline was)

hope this helps. X

Iamsodonewith2020 · 01/09/2022 09:16

Please don’t contact Shelter, they will advise you to stay put until you are legally evicted. Unfortunately what they don’t mention is if uou use this tactic no private landlords will touch you. This tactic only works if you intend to be hoysed by local council or housing associations

Enterthewolves · 01/09/2022 09:16

Dadya is talking rubbish. You are in a fixed term the earliest your tenancy can be ended is the end of the fixed term and you don’t have to allow viewings - you might want to and you could agree set times/compensation etc but you don’t have to. Shelter website has lots of info and they have an advice line england.shelter.org.uk/get_help

onedayiwillmissthis · 01/09/2022 09:17

I'm sure more knowledgeable people will respond but I don't believe your landlord or any of his representatives have any right to enter property without your express permission (except for emergency repairs?). To do so would be harassment.

VanCleefArpels · 01/09/2022 09:19

Don’t panic!

Best case scenario is the purchaser is an investor that will continue your tenancy on the same terms as before.

Even if that dues not happen, and the landlord gives you notice, the only reason you MUST leave the property is as a result of a court order. This will take many months. As long as you keep paying the rent you can sit tight and the landlord must flow the correct procedure to evict you.

In the meantime contact your council housing office to discuss your options. There might be a scheme to provide you with a deposit for your next home or you might have priority for social housing given the baby.

CAB can advise - have a look at their website about eviction process etc

VanCleefArpels · 01/09/2022 09:23

Iamsodonewith2020 · 01/09/2022 09:16

Please don’t contact Shelter, they will advise you to stay put until you are legally evicted. Unfortunately what they don’t mention is if uou use this tactic no private landlords will touch you. This tactic only works if you intend to be hoysed by local council or housing associations

I’m a landlord. None of the checks that I do on prospective tenants includes the reason for leaving their previous property. It’s all about income / affordability. So I’m not sure this is true.

Allthegoodnamesarechosen · 01/09/2022 09:27

Op, you don’t have any obligation to let the property be shown before the tenancy ends, though it makes it more awkward that you initially agreed and have now changed your mind, that’s your privilege. Don’t change the lock, you will have to change it back again or it will come off your deposit.

Lots of people tellingOP that she does not have to stand by a legal contract which she signed without duress. Next week on Mumsnet ‘ Why are there no properties to rent from private landlords?’

ThickLizzy · 01/09/2022 09:29

Unfortunately what they don’t mention is if uou use this tactic no private landlords will touch you.

Not true. It’s in your landlord’s interests you give you a good reference.

The rental market is awful at the moment. Not wanting to scare you but it can take months to find a place.

Do start looking for a place.
Do contact the council - they will be able to help to talk to current landlord etc and tell you the situation locally with Housing Association properties.

Your landlord can issue a Section 21 eviction notice and is required to give you a 2 month notice to leave. At the end of this period they can ask the courts to evict you. It takes months to get to court.

Councils usually won’t act until it’s been to court and if you leave sooner to stay with family etc you are considered ‘intentionally homeless’.

Best thing to do is start looking, speak to the council.

You are not obliged to allow viewings.

ThickLizzy · 01/09/2022 09:33

Lots of people tellingOP that she does not have to stand by a legal contract which she signed without duress.

No. What we are saying is that the landlord has to abide by the law. If issued a section 21, the correct legal advice is to wait for the landlord to take court action. Otherwise she will be intentionally homeless.

If she can find another property, she should do so. It’s fairly impossible at the moment.

caringcarer · 01/09/2022 09:38

Where abouts in country are you op? This LL has said they would allow you to stay until they have exchanged contracts, then give you 2 month's notice to leave. You should tell LL you are pregnant and baby is due as they might be more lenient on you. I am a LL and will have 2 bedroom coming vacant in September close to Tamworth. If you are near to there you are welcome to view.

Annabananna1 · 01/09/2022 09:38

If you want get help from the council as 'threatened with homelessness' they will advise you to go through the formal eviction process (section 21). It can take about 3 months. Sometimes longer.

SomePosters · 01/09/2022 09:59

Iamsodonewith2020 · 01/09/2022 09:16

Please don’t contact Shelter, they will advise you to stay put until you are legally evicted. Unfortunately what they don’t mention is if uou use this tactic no private landlords will touch you. This tactic only works if you intend to be hoysed by local council or housing associations

It’s not a tactic it’s a last resort in order to be legally eligible for emergency housing.

I have had to do this in the past unfortunately. It was brutal but even with all the upfront deposit etc references all that I couldn’t get a look in at any private rents round our way.

shelter are 100% the folks to have on side for you right now op

Happysad92 · 01/09/2022 10:46

Thankyou all for your advice. Being a first time tenant in a contract, I am fairly naive on what our rights are. I don't want to be a difficult tenant as I am grateful we have a roof over our heads, landlord selling could be due to their circumstances albeit they have said they imminent tax that will need to pay quite quickly so need to get a buyer. I have agreed to viewings as if there is a LL that snaps up the property they may keep us on as tenants, however I cannot just rely that this would be ultimate case. I made an offer on the house thinking we could as FTB but our mortgage has been declined after a AIP and this may have miffed the EA and landlord as they did delay putting the property on market for us to get mortgage sorted. However now I feel I may have jumped to this option on the prospect of potentially being homeless and having to find another private rent which takes weeks to pass checks with EA, along with the pressure of a new baby. I don't really love the house, it's just a necessity to live here, so maybe there is a silver lining of mortgage being declined. I have never resorted to asking the government for support with anything, but circumstances will probably lead me get the help available even if it's for a short while. Its just had for everyone at the moment, however even harder for those who are evicted from their houses.
I will see how the sale will go and take it from there.

OP posts:
LimboLass · 01/09/2022 10:55

It sounds like they are willing to let you stay until the house is sold, and give you two months notice if you need to vacate. That sounds very reasonable. If you start being difficult and refusing viewings I think you’ll find the landlord will give you notice immediately

I completely agree with this comment.

Zeus44 · 01/09/2022 11:02

Such poor advice given by people.

You have to allow viewings as it is a requirement set out in the AST, the landlord must give advance notice of this.

Secondly, why stay somewhere when it’s not your right. At the end of the AST you must leave unless you are granted a rolling tenancy.

Contact the council or seek different private housing.

ChiefPearlClutcher · 01/09/2022 11:07

Re mortgage application - we managed to get a mortgage with less that 6 months left on my work permit and my husband was a dependent. You really need to go to an independent broker, ours found a grand total of two offers, both from Accord Mortgages. This was a few years ago, but it is doable. Non residents buy property in the UK all the time.