Can landlord force me out after no-fault notice if I stay?

[BlakeCarrington]

Hello wise Mumsnetters

I hope some of you might have experience in this area. I’m a private tenant who has been in a property for a year and am on a month by month rolling contract. I’ve looked after the place well, paid my rent on time etc.

My landlord has decided to sell up and has given me a no fault eviction notice and 2 months notice which runs out at the end of this month.

I have sorted somewhere else to go, but I can’t get into the new place until end of April. I was thinking of asking him to extend u til then but I doubt he’ll go for it, he’s champing at the bit to sell it.

Where would I stand if I just said I can’t move out until end of April as I’ve nowhere to go? It’s only 4 extra weeks and I would still pay rent. Could he send in the bailiffs or change the locks or something?

Thanks

How generous of you 🙄 you realise you gave her nothing? Because you couldn't have done anything else!

I'm not saying I was generous, where did I say that? I'm advising the OP to ask the landlord.

I'm well aware I couldn't do anything thanks. That's why I'm selling.

He can't say no.

Well he can, but you just don't move out and there's nothing he can do immediately.

He needs to get a court order. Depending on where you are in the country these are taking between 9 weeks and 9 months. IF it goes to court you are liable for costs, but if you move out even 1 day before court, you won't be liable.

You need to keep paying rent.

Personally I would say to the landlord - "hello, I have found somewhere to move to however it is not available until X date. I will move out on this date and continue to pay rent until then. Feel free to market the property for sale, I will accommodate viewings where possible."

It's kind of win - win as he continues to get money and you can move out at leisure.

Most landlords just want to know you will go and you have a plan.

Your landlord doesn't have a leg to stand on legally. Only you and a judge can decide to end your tenancy. If you tell them you won't be out until the end of April and will continue to pay rent then all they can do at that point is apply to the courts to begin the months long eviction process, which will have no impact on you at all. You don't need to make the property available for viewings or do anything at all you don't want to.

I went through this same scenario last year, waiting for our purchase to complete. Landlords like to think they call all the shots but they're powerless in this situation. Don't stress, stay put.

The tenant will be responsible for court costs which are around £380 plus fixed costs of around £80 so better to negotiate and confirm what is agreed in writing by email.

Op will be liable for costs if proceedings are issued whether she moves out before the hearing or not. The landlord would be foolish not to ask for costs and he would get them. So please be careful what you say on here, someone might rely on that information.

And people wonder why it's so difficult to find a rental property 🙇🏻‍♀️

I wish mn hadn't got rid of the laugh emoji.

I'm just thinking about my next trip and because of Brexit I am limited to 6 days in China unless I pay £155 for a 30 day visa. Without Brexit I would also benefit from the free 30 days as an EU member.

Brexit was and is a shit show.

The RRA has led to a mass exodus of landlords from the business. Even John Lewis who were building 5000 homes for the AST market have pulled out.

There's a massive homelessness problem in the UK and it's not caused by private landlords its caused by government policy.

I think you might have missed the irony in my post. I think Brexit is a shitshow and I think getting rid of private landlords or vilifying them will turn out to be a shitshow as well, but it’s being sold to people as the solution to all their problems.

There is ZERO chance that the house will sell/exchange/complete by April 1st, I’m sure your LL will see reason.

Yes!

Why was it month by month if it was meant to be a long term rent? Presumably it was done like that so he could get possession of his property quickly if he needed to.

Get on and book it. Entry to China for British citizens is now under visa waiver for up to 30 days stay.
As long as you arrive with a valid minimum of 6 months on your passport it doesn't cost anything. The landing entry form is a bit long winded but you'll soon be eating huôgoū until it comes out of your ears 😉

A lot of rentals start with a 6 or 12 month fixed term and move onto rolling thereafter.

I went through this last year. My landlord's agent had not given me the relevant paperwork for either the tenancy or to ensure that the section 21 notice was valid. Nevertheless, I kept communications open and cordial with the landlord and agent. The council homelessness team advised me that I was not legally obliged to move out at the expiry of the notice, and to continue to pay rent. I allowed viewings and the house sold while the notice was ongoing.

You couldn’t pay me to be a landlord. Tenants have no respect for their property and don’t seem to understand they have no right to live there once they are told they must leave.

OP is discussing staying there weeks after she is meant to have moved out, without her landlords permission. That is awful and immoral.

Asking if she can is fine, but she doesn’t sound like she’ll take no for an answer because she “doesn’t have anywhere to go”. Well that isn’t his problem.

I’m quite obviously talking about her staying there for weeks if he has told her no. She says she “doesn’t have anywhere to go” so is considering staying even if he says no.

That would be awful and immoral.

No, it is not perfectly reasonable to squat in a house that is not yours just because you haven’t sourced anywhere else to go.

It is perfectly reasonable to ask, but if he says no, she needs to leave. It is not “her home” once he has given her notice.

No, after she has been evicted and the two months notice has passed she has NO right to be there.

Again incorrect information. There is no requirement for an electrical safety certificate in order for a s21 to be valid currently.

There is no requirement for the current how to rent booklet. The booklet must be the version current at the commencement of the tenancy but not if the tenancy commenced before 2015. It can be served immediately before the s21.

If you're going to quote the law please be accurate.

A s21 does not evict a tenant. It is a notice of the landlord requiring the property be vacated.

The tenancy remains in place until a Possession Order by the court AND a warrant of possession is executed.

What absolute nonsense

But they DO have a right to stay after they have been notified that the landlord seeks to seek possession of the property. That's the law. I'm glad you wouldn't be a landlord since you seem to believe the law should not be applied as it exists!

No, it would be neither. The landlord doesn't have the right to say no. It's clear in the law. There is nothing awful or immoral about following the law.

It's not squatting, it's legally occupying a home that remains legally the home of the tenant until the tenancy is lawfully ended. Section 21 notice does NOT end a tenancy.