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Original poster

Need advice. Really upset by landlords behaviour

395 replies

amazegumball · 07/02/2015 20:36

In a 12 month fixed term agreement which runs out on 12th march and go into a month by month contract.
In the Summer (when my baby was 2 weeks old) I was advised the landlord is selling the property. I explained my situation and said not only will i find it difficult to accommodate viewings with a newborn but we are halfway through a fixed tenancy so he cant.
A week after xmas i get an email saying the property will now be put on the market and two months notice will be given after my fixed term runs out.
Im devastated as i love my home and my kids are in the local school not to mention i have a fitted kitchen and bedroom so will have to fork out for new.
Letting agents emailed last week. Said landlord will be coming on monday to take pics. I was away at the time and said its wasnt convenient.
Just received another email( 5.30pm today ) saying the landlord WILL be coming this monday morning at 10am bringing with him several agents and can i make the house presentable?
I responded saying Monday wasnt convenient (its my bday and ive planned a day out) but the next day was.
Ive just received a email back saying -

Sorry it's going to have to be Monday as it's all booked in with the agents. The landlord left it last week as you were away but cannot change it again.

The landlord wants to keep disturbance to a minimum and will work with you as much as possible but is only required to give you 24 hours notice to enter the property.

Surely i have to agree to this first??
Also if he sells the property do i (as i tenant) go with the sale?
Fed up of moving house every 3 years

OP posts:
Want2bSupermum · 12/02/2015 00:15

Looking at the numbers I would need to clear at least 8900 a year after costs to make it worth my while renting out the property. If using an agent that would mean I would need to charge about 990 a month to make it worth my time renting it out. I don't work for free and if I am going to be able to maintain a property I need to have the cash coming in to make it work. I am a good LL and I know in the NW that rent isn't sustainable so, as an investor, I wouldn't touch it with a barge pole. A 3 bed in most working class areas of the NW go for 700-850 at a max.

Gross yields that are 15% on places that I bought that were very run down. I did them up and rented them out. I paid GBP30k for one place direct from the council. Spent just under GBP30k doing it up, doing most of the work myself, and rent it out for GBP700 a month. The house is worth about GBP110-130k. I could charge more in rent but I'm not greedy. Its a win-win for the tenant as they would be paying more elsewhere for a similar house. If you take the costs of maintaining the properties (I do the work of agent myself and charge my time at minimum wage) the yields come down to about 5%. If you buy houses that need a lot of work in the working class areas in the NW you can make a good living at it.

OP rent of 750 a month is GBP9k a year gross. Agents fees are probably 15% so they are receiving about GBP635 a month. Your rent is def NOT covering their costs.

wowfudge · 12/02/2015 06:44

We bought our house from a LL. He was a failed developer - things had been going okay for him while property prices had been increasing. After the crash he held on for a couple of years, but then he needed to sell. We got what we considered to be a bargain for the money. He sold for less than he paid after five years.

lotsofcheese · 12/02/2015 07:04

OP, please don't spend any more time & energy second-guessing the LL's finances & motivation. As others have said, you need to take control & focus your energies on finding somewhere else to live.

I have been in your situation - had been renting for 3 years, partner made redundant then LL gave us notice - in November when the rental market was quiet.

I scoured the rental pages online & made sure I got the first viewings of any property I liked.

These tactics paid off & we got somewhere.

It was hugely stressful, but taking control definitely helped.

Original poster
amazegumball · 02/03/2015 14:23

Just wanted to give you all an update as I've had some very helpful comments on this thread.

I've had nothing from the letting agents or ll in weeks.

I went to the council today and took all the details of the notice and Tenancy with me.

She was lovely and very helpful.
Turns out the letting agent is very well known to them and they have had to deal with him a number of times now.
Anyway aside from the deposit , the actual notice he has issued to me isn't A legal notice and completely invalid. ( something to do with the wording)
The housing lady said she can call them to re issue a new one and then I can be awarded insecurity points for council housing.

I've thought about this a lot.
I'm fed up with private rent and I can't get a mortgage so the idea of Council house seems the best option.

I gave her the ok to do this and now waiting for a new notice.

OP posts:
Agrestic · 02/03/2015 15:44

That's good news!

A council house will give you the security you need.

Good luck!

Original poster
amazegumball · 02/03/2015 17:16

Thank you!

OP posts:
PigletJohn · 02/03/2015 18:21

...but not to take photographs, not to show an estate agent round, not to show potential purchasers round.

Please show us the link to the page you found that did not say the landlord can enter "with the tenant's agreement" or "in an emergency"

PigletJohn · 02/03/2015 18:22

sorry, I was looking at page 1.

Original poster
amazegumball · 02/03/2015 18:34

What do you mean piglet ? I'm not refusing entry. Just sorting my housing out as he's selling my home.

OP posts:
Original poster
amazegumball · 03/03/2015 18:11

Ok i need more advice now.
The letting agent has told the housing they are not going to issue me when a new legal notice until a buyer is found.
This is after it's been on the market for 8 weeks now and they have had no interest at all.
I emailed the letting agent asking why he has changed his mind about the notice and ( oh dear) he has responded by accident calling me anightmare

OP posts:
Original poster
amazegumball · 03/03/2015 18:13

I am very 'I know my right!'
But with someone as dodgy as him you have to be!

So yes he did call me several other thing too.
What the hell do I do now?
Im tempted to refuse all viewings at the moment. They want it all their own way

OP posts:
Original poster
amazegumball · 03/03/2015 19:32

Anyone??
If I move out I'm making myself voluntarily homeless but I'm not willing to be messed about anymore.

OP posts:
msmorgan · 03/03/2015 23:04

Would it not be less stressful to find another rented property to move to, stay on the council housing list, and give notice?

The house will sell eventually and if you stay put you will have to allow reasonable access for viewings and for the landlord to carry out any necessary work.

Regards the agents comments I would forward the email back to him, stating how angry and upset you are and how unprofessional it is and try to use it to your advantage to get him to give you notice (if that 's what you want).

GiddyOnZackHunt · 03/03/2015 23:13

Is it worth taking copies of the emails to the Council? Presumably if they are slagging you off for being assertive then they could be seen as harassing you out of your home. It might mean leaving isn't intentionally making yourself homeless

Original poster
amazegumball · 03/03/2015 23:30

So after racking my brains tonight and going over my tenancy I've now discovered it states in my tenancy ' to allow viewings in the last month of my tenancy'
Since he now has decided to move my onto a periodic tenancy and hasn't give me new notice I am not breaking my tenancy by not allowing viewings!!

OP posts:
Original poster
amazegumball · 03/03/2015 23:31

Sorry for typos . I'm using the app.

OP posts:
wowfudge · 03/03/2015 23:36

Quite. But I'm pretty sure that despite whatever the tenancy agreement states, you don't have to allow viewings, etc because of your right in law (overriding the tenancy agreement) to quiet enjoyment. This is going full circle now isn't it?

Original poster
amazegumball · 03/03/2015 23:43

It is. I'm fed up now. They are realising the house isn't selling.

OP posts:
RandomFriend · 04/03/2015 17:01

Now that you have a periodic tenancy, it doesn't mean that every month counts as the last month of your tenancy and that you have to let people view the house all the time. The estate agent is being ridiculous.

What it means is, if the ll gives you 2 months notice, you should allow viewings in the second month of that notice period.

I don't think you have to let them in for viewings at times of their choice, or even at all. You have to let them in -after 24 hours notice - if they are doing repairs, but other than that you have the right to quiet enjoyment of the property.

Could you offer a time-slot (say, once afternoon per week) for viewings? And other than the time-slot that suits you, no viewings at all. I think that is reasonable. Then, if your ll really wants to sell, he will have to issue you with the S21 that will help you get a council house.

Could you go to the CAB and get them to help you send a letter that sets out what you want?

Original poster
amazegumball · 10/03/2015 12:59

Result !
Got my correct notice. I can stay until the house is sold ( still not one viewing yet)
I'm bidding with the council now
And believe it or not I'm currently 1st for a little3 bed semi round the corner !!

OP posts:
Original poster
amazegumball · 23/04/2015 22:30

update= Have been offered a huge 3 bed semi with a big garden near to work and schools! The problem i have is i need to pay a week upfront when i sign tomorrow. When rent is due for this house on the 1st. I really cant afford rent for both houses. The landlord did say they would they would give me the last month free but i cant figure out if thats if he sells the house or i leave.

Basically we are going to put it on the market for the landlord as see
what interest we get so nothing will happen right away. If we were to get
a buyer the sale process would take around 6-8 weeks and you would be
given 2 full months notice at this point. Usually in this case the
landlord would give you your final months rent for free as an
inconvenience for terminating the contract. He would also be flexible so
if you were to find something sooner and want to move earlier than the 2
months then you would be released form your contract.

How would you take that?
Can i give my notice on the 1st and assume the last month is free?

OP posts:
Unexpected · 23/04/2015 23:27

Acccording to me, no you can't assume that at all. What the letting agent has said is that the LL would give you the last month free if he (LL) issued notice. This is presumably to hurry you up and get you out of the house, also a bit of an incentive to make sure you actually left and didn't decide to wait to be evicted which could easily lose him the sale of the house if he has buyers waiting to move in.

You are the one who is now giving notice of your intent to leave so the month free doesn't apply (especially as they apparently haven't had a sniff of a buyer). What would be their incentive to give you a free month?

That email from the letting agent doesn't have any legal standing and what I strongly suspect would happen if you tried to rely on it is that the LL would say he had no knowledge of the offer which the agent made and it was not something he would ever have agreed to.

wowfudge · 24/04/2015 05:09

Could someone you know lend you the money you need upfront for the council place and you pay them back when your deposit is returned from the private let?

paxtecum · 24/04/2015 05:24

Just pay the rent on the council house. It is a golden opportunity that cannot be missed. You can agree to pay the private rent at so much per month.

What about your deposit on the private rental?
Will that cover the rent due?

I think the LL and agent will become very awkward about the deposit and find petty reasons to withhold it.
Your priority is getting the council house.

lunar1 · 24/04/2015 06:07

Your last month won't be free, they were doing that to make things easier for you if they had to give you notice. Brilliant news on the council house though. Grin

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