Offer accepted, tenancy ending. What options do I have?

[xmxtom]

Hi,

I am in a difficult situation and would really appreciate some advice.

I had an offer accepted on a house which is perfect for me, instructed my solicitor who just started the work.
Surprisingly, the house has been on the market for 7 months and is very odd that it didn't sell taking into consideration its condition (at least what can be seen by a non specialist like myself).
The vendor doesn't seem to be in a hurry to move but said that he had an offer accepted on a chain free property so it should be a short and 'simple' chain.

I am currently renting my house and did this for 6y without any issue with the landlord, always on a fixed term contract for 12 months.
Now the end date for my tenancy is approaching and the landlord/EA doesn't want to offer a shorter term (6 months) and doesn't like the idea of a rolling contract.

Assuming that I can complete the purchase in 3m, what would be the best option in my case, taking into consideration that my rent is 18k/y?

• Ignore the request to sign the new contract and automatically go to a rolling contract and risk a S21 notice.

This will give me at least 2 months + time for landlord to fill the paper to court.
I will probably need to pay for the landlord's court costs (at least 500) + rent for 3m (if I will complete in this time).

Total cost = 5k

• Sign a new fixed term contract with a break clause of 6 months.

Total cost = 9k

With the first option I pay less, but if the purchase doesn't go as planned, I will sleep under a bridge in a few months:)

Any other option I am missing?

Thanks!

First option. Keep paying rent and he’d need a high court writ to evict you.

Do not sign a new contract. The LAW is on your side and you do not have to sign a 12 month contract thats extortion.

It would likely take over 6 months via legal channels to evict so won't get that far and if you go rolling and continue to pay it likely wouldn't be granted under the new October rules anyway as he cannot force you to sign for 12 months and you have done nothing wrong.

Section 21 'no fault' evictions end in October (and you'll be moving not long after then anyway) so he would be an idiot to persue it, it would cost him money and he would lose rental income.

Does the property you are buying need any work that would be simpler if it was vacant (rewiring / lots of decorating / new flooring in multiple rooms etc)? If so I'd aim for a crossover period & stay in rental while it's done to make life easier.

There is absolutely no work required on this property (35y old), it's immaculate.

Do not sign a new contract, you are not obliged to do so. Force the periodic tenancy, you'll be sorted with your purchase before the S21 is up with any luck

If the house has been on the market 7 months with no reason you know of I would assume something has shown up in the searches or surveys with other buyers who have since pulled out, be vareful

This is my biggest fear, that something has been found during the previous sell, as it was sold and for a reason the previous buyer pulled out.
I asked the EA if it was due to the house or related to the survey results, he replied that it wasn't related to these.

First option. The landlord might not fancy a periodic contract but it's literally their only option so it's not up to them. Be polite but firm - put in writing that you won't be vacating at the end of the fixed term as you are in the process of buying a property, you will continue to pay rent as per the terms of the tenancy and will give notice when you have a completion date. They can't do anything about it. Landlords understand this, they won't be surprised.

House I bought was originally sold to someone else but they couldn't secure a mortgage, so it went back up for sale. We did have to do a lot of work on it but that's a different matter and not things that would have been found during searches anyway!

Hi OP, any chance you might have an update?
Just fell on your thread and a relative of mine is in a similar situation, needs to go onto a rolling contract and is worried about receiving a section 21 notice as the landlord isn't keen (but evicting a good tenant for that when fixed tenancies are due to be phased out seems mad)...
I hope it worked out for you.