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Landlord selling

8 replies

beerbeaver · 31/08/2018 16:28

My landlord served me two month notice and during that time he marketed the house whilst we were here ..it sold and we were given section 21...we in the meantime secured a mortgage and bought a house it's all going through searches and surveys done 3 people all ready should be 5 weeks until completion ...now we obviously don't want to move twice so we have two weeks left here so have told the agent we will be approx 5 weeks away and won't be leaving on end date but approx 4 weeks after ...the landlords agent now has basically threatened to sue for breach of contract if the sale falls through because we don't leave on final date as the buyer won't wait !

OP posts:
fabulousathome · 31/08/2018 17:33

What a shame that you are in this situation. Can you see it from the landlord'pointv view though? You are not sticking to the correct date.

How about a couple of weeks in a local AirbandB or going on a holiday if cheaper?

SpaSushi · 31/08/2018 17:37

Has a similar situation, not landlord selling but we gave notice on rental they re-rented and in the meantime our new house was delayed . We moved into a holiday cottage for 6 weeks. A pain yes, but nothing can be done. Had two lots of friends also exact same thing and solution

LIZS · 31/08/2018 17:39

Ll should not commit to vacant possession ie. Exchanged and set a completion date until the property is definitely vacant. That is their risk. However if you want a reference etc in future maybe a compromise so you stay elsewhere is best.

PotteringAlong · 31/08/2018 17:42

You sound surprised. What did you think they would do?

orangeorchids · 31/08/2018 17:54

You sound very unreasonable

Twillow · 31/08/2018 17:55

To start with you could have discussed it with the agent, rather than 'informing' them. It is unfortunate but you don't have any right to stay longer. I think you ought to investigate storage sharpish and as others have said have a holiday or stay in a holiday home/caravan whatever for the time until you complete. It will be cheaper than getting sued!

wafflyversatile · 31/08/2018 18:00

I'm a bit confused about timelines.

What date is the 2 months notice up?
What date is the section 21 notice up?
What date are you ready to leave?

Bibijayne · 31/08/2018 19:26
  1. They cannot sue you. Or rather if they're, they are highly unlikely to be awarded anything - especially if you continue to pay rent during your additonal stay.
  2. They cannot promise vacant possession when it has not been established yet.
  3. They can however escalate eviction proceedings. This will require a section 8 notice and application to the county court. This process takes longer than two weeks.
  4. I suggest you talk to Shelter about this issue for more detailed legal advice.

House sales rarely happen exactly on time, it is the agent and the owner's solicitors responsibility to negotiate a later completion date. I suspect they're just applying the pressure to make their life easier.

It does suck for the owner, but their agent is pretty much talking BS to frighten you.

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