How long can we drag out our tenancy?

[extrobe]

Looking for some frank advice.

 

Moved into a privately rented property in March 2014, on a 12 month contract without a break clause.

 

Owner has sold the property on. We've had little communication as to what's going on, but we gather that the new owner plans to move in 'when we move out' in March.

 

March next year does seem like quite some time away, but the issue is availability of suitable property - it took us about 9 months for a property to become available for us to move into, as there's a huge lack. It's a small town of 6,500 and, as an example - there hasn't been a single 3+ bed home to rent for several weeks. Moving out the town is barely an option, given our daughter starts school in the town in September (and my wife doesn't drive).

 

We've already started looking for a new property, in the hope the new owner will agree to surrender the lease early. If, however, we're unable to find somewhere before March, or the new owner refuses to surrender the lease, how long can you practically stretch out a tenancy agreement before you start incurring costs (inc losing deposit) / risk very short eviction periods?

 

We have always, and will always continue, to pay rent & look after the property without question - but I physically can't move my family out until such time as there's another property in the area to move into - but also don't want to face the possibility of having 14 days notice to leave without anywhere to go either.

 

I appreciate I'm not in the worse situation in the world - but it's frustrating, especially given we're only a couple of months into the agreement.

[Steve__M]

Presumably you are renting through an agency?

 

For starters can you check that your deposit is still protected correctly?

 

Assuming the above is all OK, then when your tenancy fixed period runs out it does not take that long for a landlord to evict a tenant (assuming they follow the process correctly). I reckoned 6-8 weeks when researching this in relation to a problem tenant of a friend recently, unless you can convince a judge you would suffer severe hardship at which point you might get another 6 weeks.

 

I don't know enough to know whether your situation would count as severe hardship. But the few weeks you might gain is probably not going to help you much by the sounds of it.

 

Sounds like opening discussions with the new owner is the way to go, and it will depend on their situation. They may be in rented accommodation, with a deadline to move.

[raydetinu]

you need to be officially advised as to the change of ownership and that the contract will be honoured.

proof that any deposit is still protected and LL details has been changed, or the deposit returned to you.

New LL has to send you an S21 notice for repossession giving at least two clear months notice to the end of the contract.

Note: if deposit NOT protected or information not provided S21 notice is not valid.

Usually takes 6-8 weeks to get eviction notice and Judge may grant further period in extreme cases, before bailiffs turn up!

Obviously discuss with new owner if find somewhere sooner, to get deposit released/notice etc.

[extrobe]

Thanks for the replies guys.

Legal ownership is yet to be completed, but will be sure to check we're formally notified.

That said, we're now being that the sale won't complete until next March (when our tenancy ends) to save the new owners from having to take on the tenancy. Not sure I buy that story, given we were initially told the owner was after a quick sale to fund a purchase of his own, and that the surveyor has recently been round - surely a mortgage offer wouldn't be kept open for 8 months? I'll keep an eye on things - including the land registry in case they try and pull a fast one!

[Steve__M]

New owners will often want vacant possession.

 

When I was involved in the sale of a house which had a "tenant" (actually a friend who was house-sitting following the owner relocating) the tenant was asked to sign the contract to say he would leave on the completion date.

 

So if any paperwork comes to you for signing, read it carefully!

[extrobe]

Thanks for the heads up Steve_M - I will, without a doubt, not be signing anything which may be a way of them trying to circumvent my right to remain!

 

I don't intend to drag the tenancy out unnecessarily (if I didn't have the kids, I'd be more open to making it harder for them!), but certainly won't make it easy for them

[mariner51]

Simple answer is you can stay until evicted by Bailiffs, but note LL can ask for Court Order against you for hearing costs (~£280-£400).

8 months should be ample to find suitable alternative accom in area, even if not your 'perfect' home.

If buyers want vacant possession on completion, current LL may offer a financial inducement for quick departure, though Courts will only allow max 42 days to vacate, more likely 14-28 days.

[extrobe]

8 months should be enough, but the reality is I don't have 8 months - property goes quick, so I only really have a window of a few weeks (ie, if I see somewhere in Jan which is ready to move in beginning on Feb, my changes of them keeping it until mid-March is slim to none).

 

(In the 3-4 weeks I've been keeping an eye on things, not a single 3 or 4 bed house has been listed)

 

Unless of course they do allow us to exit early, which I imagine is the best we can hope for really.

 

Oh the joys on renting