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Our rented house up for sale


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We moved into a lovely big house in June 2011, a few months in we found out our landlord hadn't been paying the mortgage so the house went into receivership. We hoped they would let us carry on renting and maybe in a year or so we'd ask them about us buying the property. Two days ago we got a letter saying they want us to move, they've given us over two months to leave (moving day May 16th). We don't want to leave, we love this house and village, our daughter is in the local school and there's no other house in this village up for rent. Would we be able to find a company or person to buy the house so we can carry on renting and buy it off them in a year or so. We have made this into a home, it would break our heart to leave but at the moment we're not in a position to buy. Would if be worth a chance contacting the landlords and telling them? Please help.

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I guess your LLs are no longer yout LLs but the lender. If lender goes to Court to seek repo, it will only delay the inevitable by a couple of months IMO, so you have until May to find a white knight (buyer). It may be a good investment for some LL (repo + rental income) but no guarantee he will later sell to you. Also mort lender may insist on sale at auction of similar properties, as 'best price' has to be realised for defaulter.

 

Spread the word around the village you are having to move/on the look out for alt property.

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Thanks for your reply. I think we have two landlords now, that's what it said on the paperwork. I'm not sure though. Me and my partner were trying to think of ways to keep the house and we thought about what if his mum was to buy the house on like a buy to let or buy to rent thing (sorry I sound dumb, I don't know much about it, just trying to think of anything) and then we rent it off her. She has her own house, she's still paying for it. Would she be able to do that? I know it probably isn't going to happen and we're gonna have to leave, we're just heart broken its come to this. We have the perfect little life here and I will try anything.

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Surfer, OP already has Notice to vacate, if a Court Order is then required, OP may get another 2 months max for a lender repo.

The lender will prob put house in large regional repo property auction pdq and most buyers there want vacant possession.

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seanamarts

 

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My comments only apply if the premises are entirely within England, and you were granted a shorthold tenancy (under which you have exclusive use of a separate dwelling, and the landlord does not live in the same building), and you were over 18 years of age when the tenancy was granted.

 

This posting is supplemental to the information in this forum's "sticky" threads and is NOT to be read in isolation.

 

 

Will you please provide the essential information requested in the "sticky" thread Questions for new posters.

 

 

There are many other questions to ask:

 

• Are the premises in England? Tenancy laws are different in other countries.

 

• Have you paid a deposit? If so, how much? Is the deposit protected under the rent deposit scheme?

 

• On what date was the Section 21 notice received? On what date does it take effect?

 

 

Bear in mind that if you are a shorthold tenant, with a periodic tenancy, you can be evicted from the premises by simply being given 2 months notice, in writing, taking effect after the initial six months ends (expiring on the last day of a rent period). No reason has to be given. That is known as a section 21 notice.

 

A section 21 notice is automatically invalid if given BEFORE the tenant's rent deposit has been protected in a TDS deposit protection scheme.

 

 

If no fixed term was agreed, or it has ended, a periodic tenancy arises (with a period of one week or one month, depending whether rent is paid weekly or monthly).

 

To end a periodic tenancy, the landlord must give 2 months notice in writing, expiring on the last day of a rent period (but if the tenancy agreement requires a longer period of notice, the landlord must give that longer period of notice); but the notice CANNOT take effect during the first 6 months. Thereafter, the landlord must ALSO obtain a Court order.

 

 

If the section 21 notice is valid, you will be evicted.

 

Start looking for new accommodation, so that if the s.21 notice is invalid you can give notice to end the tenancy on a date convenient for you, i.e. to coincide with the date your next tenancy begins, because the probability is the landlord will try again.

Note

 

This is a self-help forum in which users share their experiences. Assistance is offered informally, without any assumption of liability. Use your own judgement; obtain advice from a qualified and insured professional if you have any doubts.

 

This posting gives general guidance only. It is not an authoritative statement of the law. Consult a Solicitor for specific advice before deciding on any course of action.

 

 

Further information:

 

Assured and Shorthold tenancies - A guide for tenants

 

Renting and Leasehold - Advice from Shelter

 

 

All posts are opinion only

 

 

If you've found my suggestions useful, please click on my star and add a comment

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Hi, a receiver in a case like this is appointed by the lender. It is an alternative to repossession. Basically, the receiver will collect the rent and pass it to the bank. The receiver is effectlvely your landlord now (legally he acts as agent for the owner). If you want to discuss then you should contact the receiver and not the original landlord as the latter will have no power to agree anything as regards a further tenancy unless the receiver's appointment is terminated.

It is likely that the receiver does have the power to give you notice on behalf of the original landlord whether the original landlord consents or not.

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