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Original poster

Confused!!

23 replies

threefiftysix · 27/09/2023 14:24

Hi everyone. Opinions please.

We offered on a house back in June and we were supposed to complete by August.

We are currently renting and at the bottom of the chain. There are 4 levels in this chain!

We weren't too worried about timings until July when our landlord served us a section 21 - we need to move out in 2 weeks.

The chain has had lots of delays. Our survey came back with a couple of issues and we negotiated on price (2% reduction so not much) but we have been ready to exchange for a while.

We have just been told that the exchange date of next week is unlikely to be met because of some missing documents but that everyone should be ready by end October.

This means that we would have to move all our things into storage and stay in a serviced apartment for a couple of weeks.

In theory, whilst this is annoying with 2 young kids, we can handle it. However what we can't handle is further delays. I'm so confused. Do we sign another rental and walk away from the purchase or take the risk and hope that we can stick to the new deadline of end Oct?

OP posts:

hedgehoglurker · 27/09/2023 14:34

Only the tenant or a court can end your tenancy, so you don't need to leave in 2 weeks - unless you have given notice. Your tenancy will automatically roll over to monthly, so no need to sign a new tenancy. I'm assuming you are in England.

Check on Shelter for full details, so that you are aware of your rights. Keep the landlord updated, pay your rent, and hopefully the purchase will go through quickly. Do not give notice before you have exchanged.

WinterDeWinter · 27/09/2023 14:39

I think Section21 are still legal as the new act hasnt' come into force

Original poster

threefiftysix · 27/09/2023 14:48

Yes I think the S21 is still legal so we do have to leave!!

OP posts:

Original poster

threefiftysix · 27/09/2023 14:49

Of course we can refuse to leave and let the landlord get a court order but I don't feel that's fair to him.

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Twiglets1 · 27/09/2023 14:57

Your first mistake @threefiftysix was thinking it was ever realistic to move in 2 months from offer to Completion. It normally takes at least 3 months so if you offered in June I would have been hoping to complete in September, if everything went smoothly. Which it very often doesn't.

I would write to your LL and explain that you won't be moving out in 2 weeks as that would make you & your children homeless. But you are in the process of buying a house and expect to exchange contracts soon and move out by the end of October. Explain that you will keep paying rent. Your LL will have to accept that as a court order would take longer than the end of October to take effect anyway.

If there are any more delays you may have to consider the option of the serviced apartment.

RidingMyBike · 27/09/2023 15:04

Stay put, but do tell your landlord/letting agent the situation, that you'll continue paying rent until you move out etc.

It would take a lot longer and cost them a lot for the landlord to get a court order for your eviction so realistically there's not a lot they can do.

Original poster

threefiftysix · 27/09/2023 15:10

The problem is that he served us notice as his friend wants to move in! And they have young kids and have booked their removers etc so I would be really screwing them over

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Original poster

threefiftysix · 27/09/2023 15:13

@Twiglets1 so our offer was accepted on the 3rd June at which point we were told the upwards chain was all ready to exchange. The chain had fallen apart as the previous buyers pulled out and we stepped in...

Given we were cash buyers with nothing to sell we thought 3rd June - 10th Oct was reasonable? We moved really quickly. Survey was done 10th June and all searches ordered before then.

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Twiglets1 · 27/09/2023 15:37

You just can never tell @threefiftysix & you were banking on the deal taking less than 4 months when there were never any guarantees. I think you needed to communicate with the LL at all stages. Having said that, he was also a bit optimistic to promise his flat to friends when there was no guarantee you would move out before they wanted to move in.
It’s just a big mess now isn’t it? I think I would inform him asap that there is a big problem. Whether you move out as agreed and into a serviced apartment is up to you. I don’t think he can make you.
There’s no good outcome unfortunately as you will feel guilty if you stay but it’s far from ideal to leave before you’re ready.

AllTheChaos · 27/09/2023 15:40

I had something similar and found an air B&B near where I was moving to,
w here the landlord was willing to offer a deal on staying for a month. It worked out nicer (and cheaper) than a serviced apartment, and helped to cover the eye watering storage costs! (It was only a few hundred for the month, but adding in the cost of movers shifting into and then out of storage, it ended up being thousands)

Original poster

threefiftysix · 27/09/2023 15:45

@Twiglets1 yes totally. To be fair we have kept the landlord fully up to date at all stages! Begged him to give us more time even when we first got sent the s21. Told him our position etc but he just point blank refused to move the date. Said his friends would be homeless if we didn't move out.

But yes all round a shit situation.

Even if we did refuse to leave - could that be an issue with our jobs and we are both professionals and don't want a court order against our name! I also worry that he will then be awkward about returning our deposit etc etc

OP posts:

Original poster

threefiftysix · 27/09/2023 15:46

@AllTheChaos yeah. We would offer our landlord double rent if he let us stay for another month to save on storage and moving and all the inconvenience but he's not budging.

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Twiglets1 · 27/09/2023 15:51

Your LL is really an idiot in that case @threefiftysix

I think you need to get proper legal advice about the possible legal implications if you just refuse to move. I’ve heard people say on Mumsnet that Shelter give good advice. Or maybe consult a property solicitor.

Original poster

threefiftysix · 27/09/2023 15:53

Thank you! I'm not trying to be awkward but I'm genuinely interested in why you think he's an idiot?! I'm hoping it makes me feel better 😂

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Twiglets1 · 27/09/2023 15:57

Because of the fact you communicated properly with him @threefiftysix and he should have known that property sales take longer than expected all the time. He must know that he can’t physically force you out of the property and going the legal route could potentially take months. Yet knowing all that he promised the flat to a friend with 3 children. He should have waited until you had Exchanged contracts and had a definite date to leave before promising the flat to someone else.

RidingMyBike · 27/09/2023 16:10

threefiftysix · 27/09/2023 15:10

The problem is that he served us notice as his friend wants to move in! And they have young kids and have booked their removers etc so I would be really screwing them over

You wouldn't be - yes, it's not an ideal situation but the landlord shouldn't have offered the house to anyone else until it was definitely vacant. It's one of the risks landlords take.

RidingMyBike · 27/09/2023 16:15

Yes, LL is an idiot, and probably inexperienced? I've been a LL...

There's no guarantee a tenant will move out at the end of the S21 period, so he shouldn't offer it to someone else immediately.
A sensible landlord would also allow some time inbetween tenants to do any repairs, painting etc before moving a new tenant in.

You've communicated with him throughout so he knew it was uncertain. He was idiotic to offer it to his friend and its his problem if they end up temporarily without a home.

It shouldn't affect your deposit - assuming it's held in one of the deposit protection schemes, he can only make a deduction by providing evidence of spending money to repair something that's been damaged.

PocketSand · 27/09/2023 16:50

Snap. I was in a very similar situation. Completion delayed, kept informed, served section 21, agents threatened new tenants removal vans on the doorstep.

All bluff and bluster. You will have completed and left long before it reaches court.

Just keep them informed and keep paying the rent. Horrible situation to be in but it is time limited and your landlord will just have to wait.

Don't be pressured into moving out unless it is court ordered. In your circumstances that's absolutely the right thing to do.

PocketSand · 27/09/2023 16:52

Btw we got our full deposit back even though completion was after end of fixed term tenancy.

Original poster

threefiftysix · 27/09/2023 17:36

Thank you so much! Would there be a record of this anywhere though? That a court order was against you?

OP posts:

rainingsnoring · 27/09/2023 17:50

As the others have said, you don't need to move out. Who would make their family, including two children, deliberately homeless?
The LL is at fault here for expecting a property purchase to complete within an unrealistic time frame and not understanding the legalities of his position. Stay and continue to pay rent until you complete. Also speak to Shelter for advice.

bilbodog · 27/09/2023 18:08

Maie sure the rest of the chain knows your predicament in case it makes them get a move on.

hedgehoglurker · 27/09/2023 20:48

It will take months before the landlord will get a court date, so until it goes before a court and they actually rule against you, there simply is no court order.

As said by others, the landlord is foolish if they have actually arranged for someone else to move in, based on their notice alone. I suspect they are pulling on your heartstrings by talking about 3 homeless children, so a worse situation than your potentially homeless 2 children, and hoping you don't understand your rights.

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