Deceived into renting, had a hellish experience and now landlord wants to sell

[NickNack81]

Hi

Ive posted about our issues at our property before but things have now changed, again.

We were deceived into renting a home which we'd planned on staying at for at least two years.

For the last year we've had to deal with building works on both sides of us. One being a full new house build and the other side completely renovating their house, including basement excavation and other things that have basically made our life hell. We then receive a letter from next door saying they have planning to build an extension. joy.

Both neighbour's have told us that our landlord knew about all of this. He had the house up for sale initially, but obviously wouldn't have been unable to sell it with all the building works. He has wilfully let it out to us on the basis of being able to stay as long as we like and made no mention of the building works.

We were told last week that we could extend our tenancy for another 12 months if we wanted to, but then we've had a call today to tell us the landlord actually now wants to sell and will be ok with weekly viewings HA.

Our lives have been so disrupted already that honestly we feel like being difficult about it, however I know that legally we do have to allow reasonable viewings. However its at our discretion whether we tell prospective buyers about the ongoing and now further planned building works next door.

The lettings agency have said they'll find somewhere else for us, but then of course we'll have all the associated costs of re-referencing, moving costs etc.

Honestly we feel like withholding rent for the last few months by way of compensation but I don't think we can do this legally. I have read similar stories where people have been successful with the Ombudsman.

Any advice on legally where we stand with compensation for all of this!?

Thanks

[2222]

So, the landlord wants you to hold over on the existing lease, which is now past the fixed term? What does that lease require in terms of viewings? Unless there is something explicit in there, you have no obligation to allow viewings.

In any case, even if you do allow viewings, you can be pretty objectionable about it. Poaching smoked haddock is a pretty good one! There's really no need to tidy up and present the place well. Nor, of course, need you wear any clothes.

Once the landlord finds a buyer, he'll want you to leave pretty quickly, and at that point you have him over a barrel. He needs to give you two months notice to quit, but in practice you don't have to quit until he has a court order (another 4 months). Of course, if he has made any mistake at all in the paperwork, you may be unevictable. Anyway, this is the time to make a fuss about all the points you mentioned above, then name your price for leaving soon enough so the landlord does not lose the sale. If this is London, prices are dropping at the moment, so he has a real incentive not to lose the sale.

I wouldn't withhold rent. It's vastly more effective to use the strategy above.

[NickNack81]

Hi, no the tenancy ends at Christmas, and to be fair he has said we can stay until end of Jan so w're not moving out at Christmas!

There is something in the agreement that says we have to allow viewings.

And that's great advice thanks so much

[45002]

Hi, no the tenancy ends at Christmas, and to be fair he has said we can stay until end of Jan so w're not moving out at Christmas!

There is something in the agreement that says we have to allow viewings.

And that's great advice thanks so much

You still have to pay rent https://www.citizensadvice.org.uk/ho...tion-8-notice/

After a fixed term ends the tenancy becomes periodic.

https://www.citizensadvice.org.uk/ho...-your-tenancy/


A s21 notice doesn't end a tenancy or mean you have to leave after 8 weeks

https://www.citizensadvice.org.uk/ho...ion-21-notice/

[45002]

For reference https://www.consumeractiongroup.co.u...ead.php?490606

[NickNack81]

I just wanted to update this:

We asked for half rent for the remaining three months of our lease but our landlord offered to give us one month rent free in January in return for viewings and access. We also asked that we be rehomed by the agency without having to pay referencing fees again.
We were promised we could have the property for two years by the agency and only recently told we could extend the tenancy to be told a week later he was actually selling.

I cannot explain how horrific it has been having construction on one side and full house renovation project on the other. We have evidence showing our landlord knew about both.

We have gone back with our terms and now the landlord has clearly spat his dummy and revoked the month rent free in January. We hadn't paid this months rent whilst we were negotiating and from the tone of the email, it sounds like he now wants to try and evict us. I understand he can't do this until we're in arrears by 30 days, is that right?

[2222]

Two months, actually. But don't go there. It's much simpler to pay the rent but just not to move at the end of January. It's a massive job to evict you, if you dig your toes in, and it can fail from really quite small errors in the paperwork.

[NickNack81]

OK thank you. So he can't serve us with a section 8 until we owe two months? We obviously won't let it get to that point, but just so I know. Also, our tenancy runs out on 22nd December, so if we say we're not moving right before Christmas, there's nothing he can do to evict us at that point? It would take a while right?

[2222]

Yes, around 6 months. S21 is rather uncertain these days, although it was never meant to be. S8 is much easier for the landlord, so I would just pay the rent on time myself.

S8 is not just two months arrears. It's also not paying regularly on time, and several others. Unless you are in dire straits financially, my view is that it's better to pay on time. Others may disagree, of course.

[Morlock]

You cannot be evicted when you are on a fixed term tenancy unless you have broken the tenancy agreement, i.e. are in rent arrears.

Once your fixed term tenancy ends, you will automatically move on to a rolling agreement, which is monthly if you pay your rent monthly.

Even so, your landlord will still have to issue a Section 21 notice giving two month's notice to quit. The earliest you can be asked to leave is 8 January if you receive a Section 21 today. If the landlord wants you to leave by the end of January 2019, the Section 21 will need to be served by 30 November.

It is unlikely that a Section 8 will be used in your case.

[2222]

S21 is two months ending on a rent day.

[NickNack81]

Thanks. So we have broken our tenancy agreement because our rent is now late, by about a week whilst we've been negotiating and we have had two late payments before which weren't our fault. We always paid the rent by instant transfer but then set up a standing order which didn't go out because we didn't realise we had a £2 old dd that took the amount just under, ridiculous haha. The agency didn't tell us it was late until 2/3 weeks after when we paid it immediately. Is all this grounds to serve a section 8? And if so, how long realistically before we have to move out and also, if he evicts us before the tenancy is up on 22nd December, are we still liable for rent until the contract runs out?

Any advice on the damages side, is there an ombudsman we can contact?

[Morlock]

..if he evicts us before the tenancy is up on 22nd December, are we still liable for rent until the contract runs out?

He can't evict you before the 22 December as he needs to give you at least two month's notice to seek possession regardless of rent arrears. You would be liable for rent up until the date which you left, not until the end of the fixed term.

[NickNack81]

He can't evict you before the 22 December as he needs to give you at least two month's notice to seek possession regardless of rent arrears. You would be liable for rent up until the date which you left, not until the end of the fixed term.

Thanks for this. I keep reading conflicting info though, that he could actually serve a section 8 more quickly if we have rent arrears? It says on the government website, that landlords can give between 7 days- 2 months notice depending on the circumstances?

[Morlock]

A Section 8 notice relies on at least one of 17 grounds to start the eviction procedure. Where a Section 8, ground 8 is used, the landlord can give two weeks notice but in order to issue the notice on ground 8, you would need to be in two months rent arrears if you pay rent monthly.

Even so, after two weeks notice the landlord would still need to apply for a possession order to evict you from the property.