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Landlord withdrawing rent to buy agreement


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Hi All

 

I really hope someone can advise me!

 

I entered into a rent to buy agreement in August 2011, paid an 'option fee' of £15,000, and have religiously paid my rent/deposit for my house each month.

 

The contract expired in last year, and a new contract was offered to me in July. For various reasons (illness) I was unable to respond for 2 weeks, so my LL rings me and asks if all was well?? I explained not really, I was very ill and had taken time of work etc etc.

 

He offers my a short term tenancy (just an email) for 4 months (where I pay £600 less), with the option to go back to the original rent to buy agreement if and when my situation improves. I have informed my LL twice (via email) during this period that I would like to go back to my original agreement but now he says he wants to sell the property and would be serving me notice!!

 

Can somebody please help me with advise??!! I'm really stressing out as I just wish I had signed the damn contract in July!!

 

Many thanks

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Hello and welcome to CAG.

 

I hope the forum guys will be along later with advice for you. This isn't a very busy forum, but someone should be here soon.

 

In the meantime, have you spoken to Shelter for example? They're very knowledgeable on property matters.

 

My best, HB

Illegitimi non carborundum

 

 

 

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Thanks honey bee for replying - I am seeking legal advice as I have given up a council flat tenancy for this property and have put in all my savings! ! I am seeking legal advice but would like other ppls opinions - would I win if I took my LL to court? ?!

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Did you speak to shelter as advised.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I would think that the option you purchased is still valid, however if you withdraw you would lose the 15k.

the devil will be in the detail of the contract, so only a an experienced solicitor would be able to advise, however if you wish to post up the contract we could have a look ( redact any personal stuff though ).

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Tell your landlord, your solicitor is dealing with it for now, and to hold off any visits consultation until the solicitor has discussed the documents. If he refuses, you can get your solicitor to write him a letter, although they will charge you for it, and the LL isnt obliged to follow the instructions.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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From a quick look at the agreement, the option to buy lasted only 12 months, ending in July last year 2012. any extension or acknowledgement of your £15 would be subject to a new agreement.

Did you get legal advice before you signed this agreement? also did you fully intend to take up the offer and purchase the property within that time frame, as it seems quite onerous and had you agreed the actual purchase price which was advantageous to you.

It would appear, the seller can now keep your £15k and sell the property to anyone.

You definitely need legal advice!

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Hi There!

 

I'm seeing a solicitor tomorrow! The contract wasn't renewed for a while - and was then offered to me in July this year, I was late and got a phone call from the LL offering me a lower payment and a 4 month tenancy contract, saying that if my position improved we 'should' be able to go back to the original agreement.

 

It says on the contract that he can't sell without my written agreement - does that hold any water??

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Just for the sake of argument - the LL withdrew from the contract (that expired a year ago)! And said that I was now on an AST if he can null and void a contract, that hasn't been renewed for over a year, surely I can hold him to it (ie: I have to give him written agreement)?? Ohh this is making me feel like a nobody! !

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I sent him an email agreeing to his terms and conditions (which were also sent via email) but I stated that I would like to go back to the original agreement in October - (this was in July) I didn't hear from him until mid October!

If he can void the the agreement (expired) then surely I have some rights too??!

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The agreement as it sates is valid for one year only, at the end of that term the agreement is dead IMO.

It can only resurrected or a new one created by subsequent agreement with the owner on the existing or new terms.

That's why you need legal advise.

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Hi there Raydetinu!

 

Just to keep you up to date, I saw a solicitor today who said that as I had not signed an AST, I am not a tenant (as the LL keeps referring)!

 

The contract is a bit of a grey area, it states its for 12 months, but allows me the right to buy the property over a period of 9 years!?

 

The LL needs my agreement in writing if he is to sell the property, and also, as he accepted payments on the basis of the 'expired' contract, that means its still valid!

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I hope he is right; now you need to get your solicitor to write to the seller and explain your position and see what he says; he may agree or may not.

You could also state that you wish to extend the contract.

I thought you did sign an AST as it was part of the contract? in schedule 4!

IMHO I don't agree! as the contract is quite explicit in that it is valid only for 12 months.

As for any over payment of the rent, you could possibly claim back ( that is outside the agreement ).

I hope it is don't end up in court and you can negotiate an amicable settlement.

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