Updating post from Reddit.
Hi any help really appreciated with this situation, so been living in this house for nearly 2 years through open rent. Landlord came round in October to do a routine check up during which he out of the blue said he wants to put the house up for sale after Christmas in January, i said okay fine guess I’ll start looking for Anne place then, so nothing other than verbal confirmation of his pans on that day, I’m still yet to get a place as not a lot comes up for availability in my areas an surrounding. Today he sent me this text message which is what I’m confused about :
‘Hi, have you managed to find somewhere for the NY? If you can make the final payment on the 10th dec that would be good. Will of course be flexible regards leaving the premises in the NY, just keep me informed.’
Is what he is doing legal/right ? As it reads to me like he just expects the house back in January regardless, but as you can imagine it’s not the easiest time of the year to get a new place, an I don’t have family so nowhere else to stay but am I right that he cannot actually kick me out in January an leave me homeless, also is he not supposed to give me some sort of legal notice or letter anything like that. I’m sorry if I seem stupid but I just need help with what’s my rights if Instance I do t have a new place on January, an would really appreciate if somebody could let me know if he is doing anything wrong / illegal in the way he is handling it. I thought when a landlord wants the house back because hw wants to sell it are they not suppose to prove some sort of agreement for us to sign.
Just want to add house has been well looked after an rent always paid on time never missed.
I’m happy to move out that doesn’t bother me but I was expecting that he would be fine with me staying u til I get a new place as he can still put it up for sake whilst I am there
Ask your landlord if he can try to sell with tenant in situ, if not, just say you’ll need a section 21, written, with the correct notice period in it.
To actually evict you LL would need to give you a 2-month Section 21 Notice. If they don’t do that you are not obligated to move out- and even then, if notice is served and you don’t move out, LL would have to pursue eviction through court.
Housing law differs between the countries in the UK. You need to state which country you're in to receive useful advice.
Do you have a (fixed-term/rolling tenancy agreement? Do you have exclusive use of the property, i.e. you don't live with the landlord and there isn't a lodger arrangement in place?
If yes to both, the landlord can only get possession under two scenarios: (1) you leave willingly; and (2) eviction.
Eviction is a long and formal process, so the landlord may not be keen, so you can set the conditions to move willingly, i.e. cash for keys. If the landlord doesn't like it, then they can go through the formal eviction process, and that will take months.
It will take months, but remember that you will likely be liable for landlords costs if they have done everything right but have to pursue possession order and eviction. (A few hundred quid for each court application)
Just something to consider when you weigh up what to do, as there could be a financial consequence.
From what you have stated you have a 'statutory' periodic tenancy which began after the end of your fixed term tenancy.
To bring your tenancy to an end (without your agreement) your landlord must serve correct notice and then obtain a possession order from a court Most private tenancies will end using a s21 notice. Your landlord can also use a s8 notice giving grounds.
It is worth checking that your landlord is complying with the law in terms of deposit protection, gas certificates etc. without this they will be unable to use a s21 notice.
Shelter has useful information: https://england.shelter.org.uk/professional_resources/legal/possession_and_eviction/section_21_validity_checker
Just want to add there is an email from him that says this :
;This email is just to clarify our discussion the other week with regards selling the house The house will go up for sale in the new year therefor this gives you notice to vacant the property no later than 14th January 2025. If you find accommodation elsewhere sooner please let me know. ;
Does this legally count as a section 21 or in anyway give him the power to where I must leave the property by then and cannot stay even if I don’t have a new place ?
No. To be a section 21 notice, it must say it is a section 21 notice and be on form 6a or include all the details on form 6a. Anything else is a request from him and had no legal grounds
No this doesn't count as a proper section 21.
Your landlord needs to provide a section 21, gas and electricity safety certificates, and proof of deposit scheme. DO NOT leave prior to this. A text or email is not an eviction notice, and what he/she is doing is illegal.
Go to your local council and get on the housing register (start the process now)
The council will tell you to wait for bailiffs to turn up, and I suggest you do so. You will be classed as intentionally homeless if you leave before, and they do not have a duty to help you. (unless you have suitable private accommodation signed and sealed and keys in hand)
With the way the rental market is at the minute, unless you have substantial amounts of money for deposits and rent upfront, you're not going to get far.
That doesn't sound quite right - as a tenant I would suggest you speak to these people: Eviction - Shelter England
and go to the Citizens Advice as well.
North Lancashire Citizens Advice Bureau - Citizens Advice North Lancashire
Citizens Advice East Lancashire
Citizens Advice Lancashire West | Debt Advice | Benefits Help
(There is no "South Lancashire" for some reason... if you're in a city search "Citizens Advice" and the city name).
Hi thank you for replying, the house is just me and my daughter(3days of the week) as tenants originally was my ex aswell till we split up only time i ever ever signed contract was at the start an that was just a 12 month contract since then just seems to be rolling as he did send another to be signed just under a year ago but he sent it to my ex email so she had let him know she had moved out an he didn’t seem to bother resending it to me or ever ask me to do so even though iv met him multiple time since then
It sounds like you have an assured shorthold tenancy, but are you in England? as u/dippedinmercury said you need to state where in the UK you are since tenancy law differs. For england, this gives you a lot of information on what your landlord needs to do: https://england.shelter.org.uk/housing_advice/eviction
Based in England , Lancashire
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If you live in England your landlord can't end your tenancy unless you are in a certain amount of rent arrears or there are other circumstances that allow it, which I won't spend time listing here.
If your landlord does want you to leave, they have to issue a section 21 eviction notice. This is a notice to leave, but you don't have to leave after receiving it as the landlord cannot end your tenancy.
If you choose to stay put, your landlord will have to take you to court to get the court to end the tenancy on their behalf.
If you wish to leave, you will need to give notice to your landlord as per the time frame stated in your tenancy.
If your tenancy had an end date and this is in the past, and the landlord didn't issue a new one, it has automatically become a monthly rolling tenancy. The same terms and conditions will apply but you are outside a fixed term and should be able to give one month's notice.
You don't have to move out unless and until you have given notice to end your tenancy, or a court has ended your tenancy on the landlord's behalf.
Just wanted to say thank you to all for taking the time to reply an helping me, really appreciate it a lot.
Just remember OP, don't do his job for him. Don't tell him he needs a section 21. This will buy you more time.
There will be a time when he is expecting you to be out and if he hasn't given you a S21, you are still gauranteed 2 more months after the point that he does.
If the property does go up for sale rarely does a purchase complete within 8 weeks often much longer. Therefore even if he did sell the property you’d have more time to find somewhere suitable for you and your daughter.
He hasn’t issued you with a section 21 and if he doesn’t want to offer the house for sale with tenants in situ perhaps by talking with him you can come to a mutual agreement you are both happy with as this could also mean he is not left with an empty property which is not earning him rent as the sale goes through.
Ask him to serve you a Section 21 notice (note if it does not have gas & electricity certificate it’s invalid) which gives you two months from the date you receive it. And you don’t need to leave when the notice expires - it only means the landlord can now take legal actions. If you’ve not found a place, stay put and keep looking. The legal process will take months & if you move out during it, the case will be withdrawal. You can offer to facilitate house viewings etc, having a tenant does not stop the house selling process.
He or his letting agent needs to issue a section 21 notice which will give two months to vacate, I’ve seen some barrack room lawyers advising you to sit tight and it will take him months to get you out which is true but you’ll never rent again. Think about it.