Landlord wants me to give notice

FuzzyIssues · 2022-11-25T20:13:57+00:00

I will try and keep this as short as possible My landlord about 5 months ago advised they needed to re mortgage or sell, and if they remortgaged they would do it so that their son could move in at some point in the future. All of this was ok we had actually just started to look at properties to purchase advised the landlady of this and everything seemed to align perfectly. A few weeks ago our landlady said her son wants to move in soon and could they look round, all that went ahead and we all had a good chat that we were looking at March / April for our house purchase to complete with the chain etc… Today she calls and says her son wants to move in ASAP and my husband said that we ideally would like 5 months for our house to complete. She said she can’t do that as her re mortgage has gone through and it’s a family BTL so legally we can’t be here. My husband advised she hasn’t even officially given us our notice and given our rent date it would take us to February and we only want 2 more months after that. She said she would speak to her son as he wanted to be in for Christmas! We then get a call to say she wants her son to move in mid February and she wants us to give her notice by email to confirm we would be out by this date. I am so confused as to why she is asking us for notice surely she needs to give us notice? We will be more protected if she issues us notice as god forbid anything happens to our purchase or if we can’t find a short term rental that accepts our dog and we end up without a home…. but she’s adamant we need to give notice because legally we shouldn’t be here. I just don’t want to give notice when we have no guarantee of having anywhere to live on that date she’s requesting. is there any reason she won’t give us our notice? Are there implications for her mortgage that prevents this and our notice not being given before she changed mortgages? Where does this leave us? Do we just stand our ground? thanks if you made it to the end

LordEmsworth · 25/11/2022 20:17

Yes, just stand your ground.

Of course she wants you to leave voluntarily, why wouldn't she want the easiest and cheapest solution (for her)? You've told her to serve notice, just tell her again...

Blondlashes · 25/11/2022 20:21

She needs to serve you notice. You are entitled to stay. You don’t need to tell her anything. That’s her decision to make .

ivykaty44 · 25/11/2022 20:27

your landlords needs to serve you a section 21 and included with that needs to be the copy of the gas certificate and a couple of other forms - can't remember now

if its not all done properly then you still don't have to move out after 56 days, as a court wouldn't issue eviction notice with out all paperwork done correctly, therefore the need to start again and you'd get another 56 days - but could obviously leave before then if you wanted

no you don't need to give them notice and if they have changed their mortgage thats a them problem not a you problem

Fleur405 · 25/11/2022 20:28

As others have said she wants it to look like you are going voluntarily. Otherwise she needs to give notice and ultimately get a court order. Have a look at the shelter website and don’t let her bully you!

BlazingFlames · 25/11/2022 20:29

Stand your ground!

Assuming you are in Englandengland.shelter.org.uk/housing_advice/eviction/how_to_deal_with_illegal_eviction
or contact your local Citizens Advice www.citizensadvice.org.uk/about-us/contact-us/contact-us/search-for-your-local-citizens-advice/

www.citizensadvice.org.uk/housing/renting-privately/

Good luck.

📧

Fleur405 · 25/11/2022 20:30

Also this business about you can’t legally be there is nonsense. Legally she may be in breach of the terms of her mortgage but that’s nothing to do with you! As a tenant you are protected until the tenancy is brought to an end in accordance with the statutory procedures.

EmmaGrundyForPM · 25/11/2022 20:33

Do NOT give notice until you've exchanged. If you give notice and then your house sale falls through, you will be homeless. Your landlady needs to go through the proper legal channels if she wants to evict you.

Original poster

FuzzyIssues · 25/11/2022 20:35

Thank you all for your replies, and thank you for the links I will have a read through.
Hearing all this on a Friday after everywhere I could call for advice had closed got me in a panic and you have all reassured me.
Thanks again!

OP posts:

rwalker · 25/11/2022 20:43

Legally just stay put you could cost her a fortune and take months and months to get u out
morally. She’s not being a twat you know why she’s doing it try and work with her

Idontdoyoga · 25/11/2022 20:44

I am a landlady. I rent out a 3 bed family home so I know the rules and regs.

She needs to send you a Section 21 notice to quit. (Look it up.) Even then you could stay put and she could then take you to court. Do not stop paying rent.

As others have said: Stand your ground. Look up the UK tenancy laws on Gov.uk..

If she is in breach of any of them eg gas safety certificate, deposit protection (that’s a biggy & you should have a certificate) electrical installation certificate etc she can be massively fined and in most cases the court process is currently very slow so time is probably on your side.

Information is power. Get yourself up to speed. Don’t panic.

Original poster

FuzzyIssues · 25/11/2022 20:56

rwalker · 25/11/2022 20:43

Legally just stay put you could cost her a fortune and take months and months to get u out
morally. She’s not being a twat you know why she’s doing it try and work with her

This is also on my mind, I actually like my landlady! I don’t want to cause any issues with regards to new mortgage terms etc or costly processes … however I don’t want to give notice when I don’t have anywhere and there doesn’t seem to be any movement on their side.. We will of course be looking for a short term rental to ease the situation for everyone and cover any delays on our purchase but again I just wanted to clarify I don’t need to give notice until I find somewhere and that they need to start the process if they don’t want to work with us with the timeline we have at this moment in time.

I appreciate your point of view

OP posts:

Badnewsoracle · 25/11/2022 21:28

Yes, stay put and do nothing. Do not give notice until you've exchanged on your house. Even if she gives you notice now she won't get you out before April!

Parasolparaiso · 25/11/2022 21:49

Hi Op,

Your landlady is completely wrong by saying you legally shouldn’t be there! Don’t take any further advice from her, she will only present you with information that she wants you to believe in her favour and not the actual laws around tenancies. It sounds like she doesn’t know what her responsibilities as a landlord are. Please get independent advice to your rights from Shelter they know tenancy laws and are very helpful.

If your landlord wants you to leave , she has to follow the proper legal process. She must serve you a section 21 notice. This section 21 gives 2 months notice, the expiry date on the notice just means that it is the first date that the landlord can apply to the court to start eviction proceedings, this expiry date does not mean that you have to leave on this date.

Often section 21 notices are invalid as they have been filled out incorrectly, such as there is no valid gas certificate, no right to rent booklet issued, no EICR and no deposit protection certificate. If the landlord has not done these things, a judge will then throw the case out and the landlord has to start from scratch again which buys the tenant more time. Sometimes when this happens it has been known to take up to 2 years to evict a tenant in the most extreme cases.

A landlord cannot end a tenancy, only the tenant can end it by giving the landlord 1 month notice or by a judge in court followed by a bailiff executing the eviction. Please don’t give your landlord notice until you are 100% sure you have a secure place to move on to, don’t make yourself and your family homeless or face further upheaval or financial outlay prior to your house purchase for your landlord who you will probably never see or hear from again. It is not your problem that the landlord wants the property back ASAP. If you want to move out in April 2023 OP, then you can do so 100% legally, keep paying your rent on time and in full and there isn’t anything your landlord can do about it before it goes to court / bailiffs.

The court back logs are so long at the moment, often up to a year in some areas and you will be long gone before it even gets to court. You can check the lead time at the court yourself by phoning your local county court enquiries where your home is and ask them when the case will be heard.

When I last rented and was served a section 21 as my overseas portfolio landlord was selling off his properties in the UK, I phoned the local court and told them my predicament and the lady at the court told me not to worry and that their lead time was 52 weeks before they would hear the case, by that time I was long gone and I had been in my new house for 6 months! I didn’t need a reference as I was buying a house. Good luck OP, I’ve been In this situation twice and I know how stressful and upsetting it is, but knowledge is power in this situation. There is so much helpful information online but start with shelter. Best wishes xxx

friskybivalves · 25/11/2022 21:50

What kind of tenancy agreement or contract do you have? How long have you been in the property? Have you always had a copy of the gas safety certificate, information about where the deposit is protected (which scheme) and information about the landlord particulars etc? What is your notice period ?

badgermushrooms · 26/11/2022 09:29

OP before you start feeling sorry for this woman please bear in mind that in order to switch her mortgage to this type she will have been asked who is currently living in the house and has chosen to lie either to her broker or to her lender, and also that the reason she has this asset to give to her son is because you have been paying her mortgage for her. Please don't make yourself homeless just to save her from the consequences of her own actions as rwalker has suggested.

PrincessofWellies · 26/11/2022 17:19

Parasolparaiso · 25/11/2022 21:49

Hi Op,

Your landlady is completely wrong by saying you legally shouldn’t be there! Don’t take any further advice from her, she will only present you with information that she wants you to believe in her favour and not the actual laws around tenancies. It sounds like she doesn’t know what her responsibilities as a landlord are. Please get independent advice to your rights from Shelter they know tenancy laws and are very helpful.

If your landlord wants you to leave , she has to follow the proper legal process. She must serve you a section 21 notice. This section 21 gives 2 months notice, the expiry date on the notice just means that it is the first date that the landlord can apply to the court to start eviction proceedings, this expiry date does not mean that you have to leave on this date.

Often section 21 notices are invalid as they have been filled out incorrectly, such as there is no valid gas certificate, no right to rent booklet issued, no EICR and no deposit protection certificate. If the landlord has not done these things, a judge will then throw the case out and the landlord has to start from scratch again which buys the tenant more time. Sometimes when this happens it has been known to take up to 2 years to evict a tenant in the most extreme cases.

A landlord cannot end a tenancy, only the tenant can end it by giving the landlord 1 month notice or by a judge in court followed by a bailiff executing the eviction. Please don’t give your landlord notice until you are 100% sure you have a secure place to move on to, don’t make yourself and your family homeless or face further upheaval or financial outlay prior to your house purchase for your landlord who you will probably never see or hear from again. It is not your problem that the landlord wants the property back ASAP. If you want to move out in April 2023 OP, then you can do so 100% legally, keep paying your rent on time and in full and there isn’t anything your landlord can do about it before it goes to court / bailiffs.

The court back logs are so long at the moment, often up to a year in some areas and you will be long gone before it even gets to court. You can check the lead time at the court yourself by phoning your local county court enquiries where your home is and ask them when the case will be heard.

When I last rented and was served a section 21 as my overseas portfolio landlord was selling off his properties in the UK, I phoned the local court and told them my predicament and the lady at the court told me not to worry and that their lead time was 52 weeks before they would hear the case, by that time I was long gone and I had been in my new house for 6 months! I didn’t need a reference as I was buying a house. Good luck OP, I’ve been In this situation twice and I know how stressful and upsetting it is, but knowledge is power in this situation. There is so much helpful information online but start with shelter. Best wishes xxx

Good advice except there doesn't have to be an EICR for a s21 to be valid. There does need to have been an epc at the commencement of the tenancy though.

greeandorange · 26/11/2022 17:44

On and other note entirely I'd love to know where she got the family BTL from as I've been told the lenders stopped doing these.

Original poster

FuzzyIssues · 26/11/2022 18:53

Parasolparaiso · 25/11/2022 21:49

Hi Op,

Your landlady is completely wrong by saying you legally shouldn’t be there! Don’t take any further advice from her, she will only present you with information that she wants you to believe in her favour and not the actual laws around tenancies. It sounds like she doesn’t know what her responsibilities as a landlord are. Please get independent advice to your rights from Shelter they know tenancy laws and are very helpful.

If your landlord wants you to leave , she has to follow the proper legal process. She must serve you a section 21 notice. This section 21 gives 2 months notice, the expiry date on the notice just means that it is the first date that the landlord can apply to the court to start eviction proceedings, this expiry date does not mean that you have to leave on this date.

Often section 21 notices are invalid as they have been filled out incorrectly, such as there is no valid gas certificate, no right to rent booklet issued, no EICR and no deposit protection certificate. If the landlord has not done these things, a judge will then throw the case out and the landlord has to start from scratch again which buys the tenant more time. Sometimes when this happens it has been known to take up to 2 years to evict a tenant in the most extreme cases.

A landlord cannot end a tenancy, only the tenant can end it by giving the landlord 1 month notice or by a judge in court followed by a bailiff executing the eviction. Please don’t give your landlord notice until you are 100% sure you have a secure place to move on to, don’t make yourself and your family homeless or face further upheaval or financial outlay prior to your house purchase for your landlord who you will probably never see or hear from again. It is not your problem that the landlord wants the property back ASAP. If you want to move out in April 2023 OP, then you can do so 100% legally, keep paying your rent on time and in full and there isn’t anything your landlord can do about it before it goes to court / bailiffs.

The court back logs are so long at the moment, often up to a year in some areas and you will be long gone before it even gets to court. You can check the lead time at the court yourself by phoning your local county court enquiries where your home is and ask them when the case will be heard.

When I last rented and was served a section 21 as my overseas portfolio landlord was selling off his properties in the UK, I phoned the local court and told them my predicament and the lady at the court told me not to worry and that their lead time was 52 weeks before they would hear the case, by that time I was long gone and I had been in my new house for 6 months! I didn’t need a reference as I was buying a house. Good luck OP, I’ve been In this situation twice and I know how stressful and upsetting it is, but knowledge is power in this situation. There is so much helpful information online but start with shelter. Best wishes xxx

Thank you so much that’s been really helpful xx

OP posts:

roarfeckingroarr · 26/11/2022 19:33

Can't she just serve you notice and you'll need to be out in 2 months?

Starlightstarbright1 · 26/11/2022 19:42

I just want to add .. wherher you like her or not this is business. . Treat ut as such.