Being evicted too soon!

[Goldpanther]

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?

Your landlord likely wants to show the home unoccupied. In your situation I’d either ask if he’s willing to extend, but that you’ll accommodate viewings while you still live there or (better in my opinion) take on a new let or use a serviced apartment for a while.

Your new build is very likely to be delayed, and it’s far less stressful if once it is available you have a couple of weeks (at least) of crossover when you have the keys but don’t yet have to move out of your rental.

Yes, you could ignore the S21, but do you really want to have the hassle and the stress of knowing that you may well still be evicted before your new house is ready?

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?

Why should be abide by the terms of her contract and not cause an awful lot of expense and inconvenience for somebody else? Hmm I wonder.

People give advice like this - stay and cause the landlord loses of grief - then complain when landlords won't give people with no references tenancy agreements, or when they increase their rates to cover their prior financial losses.

This message to the landlord is perfect. Although I would first want to check that the S21 is valid. There are guides on moneysavingexpert or shelter that you can refer to. (If it isn't valid, I wouldn't acknowledge receipt of the S21.)

What @CloseYourEyesAndSee said unless you are single/ a couple who can move easily and have options available eg family/ friends. It doesn't sound as if you do though.

Zero expense incurred to a landlord who is selling, and very little inconvenience. In any case, in matters of housing, the rights and needs of the person needing housing far far outweigh those of the person providing housing. Morally AND legally.

Thanks for this, I hadn't thought of replying to the S21 like this.

I've spoken to the landlord and said I'm happy to have the estate agent contact me and arrange for photos viewing etc - I work from home so it's no hassle.

From reading other responses I want to have an amicable relationship with the landlord and try prolong my current tenancy until I can move into my new home.

Agree again.
The expense, inconvenience and stress all fall on the tenant in this situation, generally very little with the landlord.

Twats trick just refusing to move and who pays for the eviction fees

just speak to LL
very few houses care ready when they say they are wouldn’t take the date you’ve been given as set in stone

There won't be any eviction fees because the landlord will respond like a reasonable human and accept that they will have to wait a couple more months before the tenant leaves.

None of that is the OPs concern. The LL is choosing to put themselves in the position a person does not choose to need housing

As a landlord I would accommodate you. Unless there's a pressing issue to sell, and especially if you are willing to allow viewings, I'd be happy for a tenant to stay until exchange of contracts. But if your new build gets delayed by six months, for example, I might not be. It may take X amount of time to evict, but you don't know the reason for the sale and cooperation between tenant and landlord is best.
However my experience has been that the tenants leave as soon as they can as there is no guarantee they will find a place after the notice period is up.

It isn't any kind of "trick". The OP is a legitimate tenant who pays rent and has legal rights. Their landlord chose to enter into this arrangement. For them, it is a business arrangement and governed by the contract and by the law governing residential letting. The OP is entitled to remain in her home and the landlord is entitled to receive rent, until the tenancy is ended which will happen when the OP moves out or through a court order for possession of the property.

She’s been served a s21 so she should legally get out then

No, that's not how that works.
Its a notice. Only legally binding when the court issues the eviction and then when balifs turn up.

S21 is an intention to gain possession. Your landlord would have to take you to court and that could take several months.

I wouldn’t worry about it. Some estate agents encourage/insist on a S21 before marketing a tenanted property.

Keep paying rent and allow viewings.
when you’re ready to move, be it November or 6 months after give your landlord the agreed notice and leave when you are ready.

You're wrong. Legally a s21 does not mean a tenant has to 'get out'.

The s21 is the starting point of the legal eviction process so yes you do have to get out and there will be a date on the s21
but what you suggest is make the LL exhaust the process to the point of court eviction ( at the LL cost ) because you can

The S21 contains a date they LIKE you to leave, legally you do not have to ‘get out’ on that date.

if it gets to the point of court, usually the LL can request that the tenant pays the fees for the court hearing and bailiffs but in this case as she’s buying a property (not waiting for the council to house her) it’s very unlikely that any of that will be needed so no cost to the LL. rent will be paid until the date she can leave.

NB The OP has exchanged on her new house and has the completion date in the contract.

If the builder is unable to give you vacant possession of the finished house on that date they will be liable for various expenses. Check with your solicitor.

OP if the landlord knows you have exchanged on your new house, I would guess they have started the process as belt and braces.

Never suggested that! I suggest you read my previous posts and everyone else's :)