Landlord request feels unfair

[Uberbeeboo]

Hi, I'm looking for some advice about our rights as tenants. We have lived in our rental property for coming up to 5 years and were made aware in March our landlord wanted to sell when our tenancy ended on 31st august 2024.

We therefore purchased a new build property which we believed would have been built by now, however we now have been given the completion date of 30th September 2024.

Today we asked the estate agent who manages our property if we can stay until our new property is ready to move into and they have responded with an ultimatum saying we can stay, but there will be a £400 increase of the rent per month starting next week when the rent is due.

The rental house is not sold and we've only done 2 viewings since April. We've been good tenants and were disappointed we had to move anyway. We really can't afford an extra £400 next week, so I was hoping if someone would kindly give me a little guidance with this please?

Absolute rubbish! Nothing gets recorded unless there is a CCJ issued which would only be done if the OP owed money which she doesn't.

If I were you, I'd be taking immense delight in telling the agent that the S21 wasn't valid!

You'll need to make sure you give notice now, however, @Uberbeeboo. If you want to leave at the end of Sept, you'll want to email tomorrow at the latest, to do this.

Maybe in the same email saying the S21 is invalid!

As they won't tell you how much the rent is for the 19 days I've worked it out for you. I'm sure someone will tell me if I've miscalculated.

800/30 = 26.6
26.6 x 19 = 506.67

Her toast and her credit score will be absolutely fine. A possession order (which given the s21 appears to be invalid AND she will have left the property before a court date is even given is highly unlikely anyway) will not have any impact whatsoever.

@TidalShore
😂 at "her toast"!

mmm, toast...

Of course it will impact her credit. As she will owe rent. From what I can gather she is not agreeing to the charge post sept 1. In addition. Legal costs are hers. If she doesn’t have 400 she’s going to have to find several thousand. And that if she can’t do it, is going to take her out.

however sorry to add, if she pays rent owed post 1 sept and or legal fees. She won’t be impacted. I’m just not sure she can.

OP has clearly stated she intends to pay rent at the current rate for the time she is in the property in September.

Why are you ignoring what others have said about the landlord/agent actions not being in line with the law re notice periods, proper issuance of s21 etc?

You're genuinely baffling in your adherence to this strange and wrong point of view. Firstly it won't get to court if the OP leaves the property before the hearing and pays the rent owed in the meantime. Secondly if she did get taken to court somehow and paid the £400 or whatever there would be no impact on her credit rating and thirdly have you not read any of the posts stating that the s21 was served incorrectly? So it's all moot...

Yes but that’s not what the rent is. She can’t just decide what rent to pay. And I’m not ignoring it. The truth is you have all led her to thus and are still egging her on, where she should have simply said it will be x time can be we negotiate,

well, nor can the agent/landlord just decide what the rent is. as others have laid out in this thread.

It’s not moot as she agreed to leave, in writing. If she hadn’t she’d not need to ask to stay, and if the house isn’t ready she may still be there, average is 6 weeks, it could be way quicker. And the level of rent is in dispute. The landlord has been clear.

Just an update.. The appointment with the solicitor went very well and pretty much confirmed what most of you have advised, so thank you. It seems the section 21 is invalid. It was sent via email and not acknowledged by us and additionally the correct documentation was never given to us. Basically she pulled our tenancy and paperwork apart and assured us a judge is unlikely to entertain it.

We're going to give one month's written notice to be out of the property on 30th September and make full payment of rent. So alls well, I think.

No she didn't!

Are you definitely going to be ready to leave on the 30th? Only give notice if you definitely will be out by then. It's better to pay double for a couple of weeks than box yourself into having to leave before the new house is ready.
Good news by the way. What are you going to say to the agent?

If the house isn't ready, I'd have a heart attack but am confident it will be. If not, we will have to pack up and stay with family which isn't ideal, so it's

I want to make sure I'm doing everything right, even though he hasn't. I've been asked to email the agent and copy in the landlord of our complaint. I need to put the 30 days notice in writing to make it official as he can make us stay longer if not. The solicitor has written him a letter requesting he send all tenancy documentation to them within 14 days, which I know he can't do.

@Uberbeeboo Well done on having such a good meeting with the solicitor - before you give notice, you need something pretty concrete from the new build company. They do tend to just give dates out to keep the purchaser happy, then move the date back and back. I would suggest not giving notice until you really know a move in date. It is worth keeping your rental until a later date to give yourself some contingency.

The landlord hasn't been involved! Only the estate agent.

Excellent news ☺️

Are you the letting agent?

I was thinking the same @Morph22010 They are ignoring everyone on here telling them they are wrong!!

And making similar comments to the emails sent from the agent! Maybe it is just a coincidence someone totally agrees with the agents actions and comments.

Delighted for you, OP.

wonder what the agent will come back with.

So pleased for your update OP.