Landlord wants to sell

[ShiningforLeeBertie]

My landlord told me a couple of months ago he wants to sell and if I am interested in buying. I may have been at the start however he wants too much money and the house has several issues.

My partner and I found somewhere else and have an offer accepted so are just going through the mortgage application process now.

My LL has now been messaging to say he wants to market the house asap but needs vacant possession, and if we can agree a date to end the tenancy. He put the end of July. I have told him I cannot agree a date as I dont know how long the buying process will take, but of course will keep him updated.

I have been here since Sep 2009 so from research a notice to quit has to be a minimum of 12 weeks.

If he issues a S21, I believe it would fail as the house is not compliant. He had a elec safety check done in 2021 and the house failed, with some faults listed as "dangerous". He has not done the work needed to make it compliant. There are also other issues but none where he has failed to meet his legal obligations. I believe the GSC from 2024 has also expired and he has made no attempt to have that checked at all.

I don't want to be an arse about it, but I'm also not prepared to make myself homeless just so he can sell. He said he doesnt want to miss out on another property but tbh thats not my concern, he shouldnt have looked at others until he had vacant possession of this place.

There is no agent involved, no deposit as he didnt take one (hes my ex-wifes ex boss, she moved out in 2017 and I stayed here).

I have said I will give him dates as soon as I have them, I dont want to be here any longer than I have to be, but I can tell that he will keep trying to pressure me into leaving earlier than I need to.

I just want to know my rights as a tenant, and also him not fulfilling his legal obligations (which I have reminded him of constantly and have evidence of him saying he knows he needs to sort it etc). My tenancy is just something he downloaded from the internet and makes no mention of notice periods etc.

Thank you

It took us 10months to evict our ( non rent paying) tenant and we had done everything by the book so don't worry.
Serving a section 21 is literally the very beginning of ending a tenancy if you don't leave.
And until your electrics are compliant then the S21 is worthless.

I found it from here:

Your landlord must give you a certain amount of notice to end your tenancy. If you have a tenancy agreement, the notice you get depends on how long you’ve lived in the property.
If you’ve lived in your home:

• for less than a year – your landlord must give you four weeks’ notice
• between one and 10 years – your landlord must give you eight weeks’ notice
• for more than 10 years – your landlord must give you 12 weeks’ notice

https://www.housingrights.org.uk/housing-advice/private-tenants-rights/ending-private-tenancy#:~:text=Leaving%20your%20private%20tenancy,-If%20you%20want&text=The%20amount%20of%20notice%20you,for%20more%20than%2010%20years

It also says I have to give him 12 weeks notice as I've been here more than 10 years, in the absence of any other form of notice period outlined by my tenancy agreement, which there are no clauses involving those at all in the document we both signed

Hi OP, are you in N Ireland? That web page refers to the rules in NI. England is different so that's where I'm getting my info from.

Hi, I am in England. I have just seen the top of that webpage that says NI so I will take that info as invlaid.

Note to self, read all the page before quoting it as gospel 😣

Obvious to whom? Not the OP and not me, hence taking legal advice.

If he issued a s21 and it's invalid, let it run to the end before notifying him it's invalid. He'll have to reissue and the timer starts all over again.

The ‘obviously’ was referring to your own statement in the pp ie
epc, gsc and guide

you knew about them

It doesn’t work like that
If his solicitor ( he doesn’t have to have one ) doesn’t tell him then he gets a court date and the judge tells him in court and chucks the case out

Then he has to start all over again

His latest message...
I appreciate that I have not been the quickest at resolving some issues but I had hoped that it wouldn’t get to this. You have been in the property for some considerable time and a hugely reduced rent, in fact the rent has never been reviewed.
I have taken some advice and they have instructed me that I don’t need a valid electrical safety certificate to issue a S.21 notice. Do you mean an EPC?
Before this becomes far too formal, can we agree a termination date or not.

Not sure where he has taken the advice from, but seems contrary to what I have seen. It's not my fault he hasn't raised the rent, he could have done that easily following the correct procedure, and the fact he hasnt raised the rent surely doesnt mean I have to bend over for him now.

I don't understand your point. I was just telling the OP not to tell him herself so the landlord doesn't re-issue the s21 correctly, giving the OP less time than if she'd not said anything.

Are we not saying the same thing?

Just reply, 'As stated, I am not able to provide a date'.

Probably although
I thought as you said ‘letting it run to the end before notifying him it’s invalid’ meant OP notifying him and it doesn’t work like that but

My mistake maybe 👍

I think I was probably unclear. I just meant if the s21 ends say, 1st of August, not to tell the landlord next week that it's invalid giving him plenty of time to reissue, but rather if she waited until the end of July and then said it wasn't valid he'd have to reissue and she'd have another 8 weeks grace.

I hope your house purchase goes through quickly. He sounds a bit of an arse!

I think you’re kinder than me Accountant 😆 I’d sit in court and watch him squirm as he’s told off by the judge and has to start all over again
🥳

@ShiningforLeeBertie Dont give him a date. Let him give you a S21.
If you give a date that will be taken as a notice to quit and legally any day you stay over that he can charge you double rent.

If he thinks he doesn't need anything then on his head be it. If you did want to educate him it is the EICR - Electrical Installation Condition Report he needs.

If, and this is a big if , you wanted to do him a favour, you could offer to let him market the property whilst you're still living there.
I probably wouldn't though as he's being a dick.

God he’s got a bloody nerve!!
I am also a landlord, wouldn’t dream of being such an arse when he’s not had a gas certificate issued for the last 4 years, and faults listed!!!
If he carries on being a dick, tell him you will have to let the council know about this, as you are now experiencing issues.
That should put the willies up him!

I would not get involved any further. Just shut the conversation down now by short, polite answers. It sounds like he knows he doesn't have a leg to stand on. Let him do the work, let him get his paperwork up to date and serve notice. Chances are he'll accept that it's quicker, easier and cheaper to just wait for you to give notice yourself.

Its the electric cert not the gas, I have contacted the boiler service man to find out when that expires as Im sure its either due or has expired.

I have said many times I am unable to give him a firm date, and if he wants to issue the S21 then to go ahead.

I know the how to rent guide and EPC is required for tenancies that started after 2015, but havent seen anything that says anything about the EICR before then.

Im hoping to be out of there come August anyway, what I didnt want to do was give him a date that I was going to leave by just in case there are any issues with my purchase.

He says he has got advice that an EICR isnt needed, but everything Ive seen says it is for the S21 to be valid. Ive said he can issue the S21 and I will take my own advice

Perfect.

You don’t need the electrical for s21
He needs

• an epc, but he just needs to get one and he’d need it to sell anyway
• Plus The GSC (in date ) and
• booklet

but according to this, he does...

• Valid Tenancy Deposit Protection: Before serving a Section 21 notice, landlords must ensure that the tenant’s deposit is protected in a government-approved scheme and that it was done so within the correct timescale. Failure to comply may render the Section 21 notice invalid.
• Energy Performance Certificate (EPC) and Gas Safety Certificate: Landlords must provide tenants with a valid EPC and Gas Safety Certificate. These documents must be given before the tenancy begins, and compliance is crucial for a valid Section 21 notice.
• EICR certificate: should also be provided to the tenant.
• How to Rent booklet: the landlord is required to provide the current copy of this government document.
• Have there been any complaints to the local authority about the condition of the property and have they been resolved?

https://www.cognitivelaw.co.uk/what-is-a-section-21-notice/

He hasn't served a section 21 so he hasn't served any notice

The electrical cert is supposed to be up to date and provided to all tenants as a matter of course but that’s a separate issue

Not having one though does not invalidate a s21