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Original poster

Being evicted too soon!

45 replies

Goldpanther · 18/07/2022 21:22

Name change for this.

I currently rent privately, and my landlord wants to sell. We have spoken informally about this so I have started a property search, and exchanged on a new build home last week. Our completion date is November.

The dilemma is I have just received the section 21 notice, ending my tenancy in 2 months time (19 sept).

There is a 8 week gap between went LL wants us out and our move in date for the new build.

What do I do about the time in between having to vacant my home and move into the new build?

OP posts:
Original poster
Goldpanther · 18/07/2022 21:23

Sorry to add, do I move into a different rented house? But I hadn't bu

OP posts:
Original poster
Goldpanther · 18/07/2022 21:24

Sorry, I hadn't budgeted for 2 moves, and will a change of address impact on my completion?

OP posts:
Crazymadchickenlady · 18/07/2022 21:25

Stay where you are till your new build is ready. He won’t manage to evict you by November.

FawnFrenchieMum · 18/07/2022 21:26

Have you discussed it with your LL? Legally you don’t have to actually leave at the end of your notice period but would be better all round if you can get your LL to agree rather then make him take you to court (which will take much longer then 8 weeks). It’s very u likely you will get a rental property for such a short period of time. Negotiating with your LL is the best way forward.

LIZS · 18/07/2022 21:28

Newbuilds are notorious for delays, either ask for an extension or find an airbnb.

BobMortimersPocketMeat · 18/07/2022 21:28

Have you tried talking to the landlord or agent to see if you can negotiate staying for the extra eight weeks? If you’ve been a good tenant they might return the favour.

@Crazymadchickenlady is right, though: if you want to play hardball you could just stay and wait for a court order for possession. I don’t think I’d have the balls, but lots of people do.

jackstini · 18/07/2022 21:29

Ask your landlord

Unless he's already sold it, no way will
It go through in 8 weeks. He might be glad of the extra couple of months' rent as long as he has a definite move date

I'm a landlord and I would be!

Original poster
Goldpanther · 18/07/2022 21:43

Yes spoke to the landlord, they are under the impression we can move and rent somewhere for the 8 weeks - I'm just worried this is in the LL best interest not ours.

I know the advice is to stay until the court orders you to leave if you need to go into council housing, just not sure what is best for me.

OP posts:
PragmaticWench · 18/07/2022 22:14

Unless it's an Airbnb I think you'd struggle to get an 8 week rental. New builds are often delayed though, so you're in a tricky situation.

Neveranynamesleft · 18/07/2022 22:33

Have you checked if the section 21 is valid ?? Lots of advice on Shelter website.

The time it takes for the house to be advertised, potential buyers looking round, making offers etc etc can take weeks. If someone does buy the house, that on it's own can take anything up to 12 weeks.

CloseYourEyesAndSee · 18/07/2022 22:34

Goldpanther · 18/07/2022 21:43

Yes spoke to the landlord, they are under the impression we can move and rent somewhere for the 8 weeks - I'm just worried this is in the LL best interest not ours.

I know the advice is to stay until the court orders you to leave if you need to go into council housing, just not sure what is best for me.

You aren't being evicted and he won't even have had time to file a court application by the time you leave if it's only 2 months later.
just stay put, keep paying rent, keep communicating and move out when your new house is ready.

lonelydad2022 · 18/07/2022 22:42

Section 21 just a notice that the landlord wants their property back. You don't have to move. LL has to go to court and then bailiff to recover possession. It is in the best interest of the landlord to find a compromise. It takes much.more than 8 weeks and money to use the courts.

Nerdippy · 19/07/2022 10:06

Goldpanther · 18/07/2022 21:22

Name change for this.

I currently rent privately, and my landlord wants to sell. We have spoken informally about this so I have started a property search, and exchanged on a new build home last week. Our completion date is November.

The dilemma is I have just received the section 21 notice, ending my tenancy in 2 months time (19 sept).

There is a 8 week gap between went LL wants us out and our move in date for the new build.

What do I do about the time in between having to vacant my home and move into the new build?

The Section 21 Notice does not end your tenancy.

Just stay in the property until the landlord takes you to court and the bailiffs evict you, which would take around 6 months anyway. The likelihood is that your new build will be ready before the courts and bailiffs start the eviction process.

Even if the landlord puts the property up for sale, you do not have to agree that photographs can be taken or that you will allow viewings. If you wanted to be helpful and allow photographs and viewings, the transaction once it reaches the conveyancing solicitors is likely to take around 4 months alone.

Extra rent to the landlord for a couple of months would be more attractive than an empty property with no rent coming in.

girlmom21 · 19/07/2022 10:09

Don't just stay unless you've exhausted all other options.

Ask on the local pages if anyone has anywhere you can rent for that period. What area are you in?

LikeADogWithABone · 19/07/2022 10:16

We regularly have posts on our local FB pages asking for short term rentals while building work is going on in peoples homes. I dont think it's unusual.
I'd speak the the landlord again and see if you can reach an agreement

sheildmaiden · 19/07/2022 10:28

You don't have to leave at the end of your notice, you can stay put until it goes to court but be aware your LL could do what mine did and take me to court for an accelerated eviction, I ended up with 10 days to get out and find a new play while the sale of my house went through.

hedgehoglurker · 19/07/2022 11:55

Whatever you do, do not give him a date you are leaving, as this might count as you giving him notice, and if you don't leave it will cost you dearly. Only give notice once you have exchanged and have a firm completion date.

As other pp, you don't have to move out just because he has given notice. Only you or a court can end the tenancy.

As you are buying, you aren't relying on the landlord for a reference, which gives you more leverage. However, it is best to keep in communication and pay your rent as usual.

Imthedamnfoolwhoshothim · 19/07/2022 11:58

girlmom21 · 19/07/2022 10:09

Don't just stay unless you've exhausted all other options.

Ask on the local pages if anyone has anywhere you can rent for that period. What area are you in?

I wouldn't do this at all. For 8 weeks! All that stress, upheaval and money?! When you can just stay where you are for the sam money you're paying now.

Just stay, keep paying rent on time. The landlord can not enter your home or harass you. So just keep any correspondence on text or email and simple. Don't engage in arguments.

notafraidofthebigbadwolf · 19/07/2022 12:20

From the landlord's perspective, they only want you out so that they can market the place in the best way possible - eg perfect photos, very clean flat for viewings, etc and promise the buyer vacant possession. If they could get that AND have you paying rent to live there secure in the knowledge that you are leaving when your new build completes, that would be a win win. What can you do? Tell them that you will be decluttering ruthlessly in preparation for your move. Tell them that they can paint while you are living there if they think they need to. Send them some pics of how lovely you can make the place look with your nicely arranged stuff in situ ready for estate agent pics and viewings. Work with the landlord and you will both get what you need.

Motnight · 19/07/2022 12:34

New builds are notorious for being behind schedule. You could still end up being homeless after going through a whole eviction process.

MalbecandToast · 19/07/2022 12:46

I've never heard of a new build,, my own 3 I've had or those of friends that have been ready on time! Stay where you are .

TheFormidableMrsC · 19/07/2022 12:57

It took my friend a whole year to evict her tenant (he wasn't paying rent though). I'd try a persuade your LL to let you stay until you can move. Otherwise I'd do what pp said and sit tight continuing to pay the rent.

CloseYourEyesAndSee · 19/07/2022 13:15

girlmom21 · 19/07/2022 10:09

Don't just stay unless you've exhausted all other options.

Ask on the local pages if anyone has anywhere you can rent for that period. What area are you in?

Why not?
why should she put herself to all that expense and inconvenience when the landlord can just as easily wait 2 more months for vacant possession?

CloseYourEyesAndSee · 19/07/2022 13:17

Motnight · 19/07/2022 12:34

New builds are notorious for being behind schedule. You could still end up being homeless after going through a whole eviction process.

If it gets near eviction (highly unlikely) that's the time to move into a pricey short term let. Not at the end of the notice period.

CloseYourEyesAndSee · 19/07/2022 13:19

TheFormidableMrsC · 19/07/2022 12:57

It took my friend a whole year to evict her tenant (he wasn't paying rent though). I'd try a persuade your LL to let you stay until you can move. Otherwise I'd do what pp said and sit tight continuing to pay the rent.

There is no persuading or letting involved. She just has to write to the landlord saying 'I acknowledge receipt of the s21 notice. I will not be in a position to move out on X date but I am in the process of purchasing a property and will move out when that is completed. I will keep you informed as to the progress'.

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