Landlord selling - dodgy notice

Retropesssir

Hi all,

Just looking for some insight before I call PRTB to make sure my "possible" termination is being carried out accordingly.

I have lived in my dwelling since June 2016. in June 2017, the landlord raised the rent, and I said that I could accept it that time (because it wasn't much), but legally 2 years is the amount of time before the rent can be raised again. He agreed and in writing signed on this.

Yesterday when I was signing the new contract, he told me that he wants to get the house appraised, because he intends to sell.
He has in writing "May be putting up house for sale in 3 months time. 30/06/18 if I get a good price and will be selling it". Basically, he doesn't know yet if he wants to sell it, (that I can stay if he doesn't) but in case he wants to, yesterday was me 3 months notice. I said I would be looking for other accommodation already, should he end up selling.

The part that I'm uncertain about:
-Do I have 28 days notice, or more since I have been signing the contract on a yearly basis, for a 12 month period? Or do I have the notice period of 2+ years? I have lived here for 2+ years, but each year we signed a new contract.
-Is it acceptable that his declaration of intent to sell is valid that as of the 30th June, he is saying "he might be"? The fact that he is getting it valued in 3-6 weeks time, without knowing if he will or not, would the 3 month notice go from 30th June or the day he lets me know he is for sure selling it?

To be honest, I am just trying to get my ducks in a row, because he also asked for MY 2017 contract, from the year previous which was quite dodgy. I don't know what he's done with his or if he's trying to hide that I've been here. I told him that because we signed two, that I prefer to keep mine, and if he'd like a scanned copy per email that would be fine.
I'm also worried that he doesn't intend on selling, and that he is just saying this and giving my three months today, because he wants to raise the rental price.

This is extremely inconvienetnt for me because I have the rent-a-room scheme with two other occupants, who I also need to think of, and I also have pets which would make it difficult for me to find accom, that also suits me financially being a student. His three months notice ends when the school year starts and housing is slim to find. I also don't have family for help here as I am from Canada, so nowhere to go with my pets should I not find a place in time.

As mentioned, I will call PRTB. I do respect this is his home to do with as he wishes, but just trying to make sure that he is not just trying to get me out so that he can raise the rent for new occupants..

dudara

To be clear, it’s his house, not his home. While you are living there, it’s your home. It’s good that you’re trying to be decent, but you also need to be decent to yourself too.

You’ve been there over 2 years, so you are entitled to 8 weeks / 56 days notice. As you’ve been there for more than 6 months, you also have Part IV rights, which means that the tenancy can only be terminated for one of a specific set of reasons. If the landlord is terminating the tenancy because he wants to sell, then he must do so in writing accompanied by a statutory declaration of intent to sell. More information on all of this on the RTB website.

Are you in an RPZ? It also sounds like your rent increase in 2017 was illegal because your tenancy started in June 2016.

Retropesssir

I also want to add, that when we were finding a day for him to come by with new lease, his sms said "I will call in Tuesday night to talk about the rent"
I said "Isn't it just a new contract? Because the last year you signed that you wont raise it for another two years".. to which he replied "Yes u have one more year at that price ok".

So, it's dodgy that he wanted to discuss raising the rent until I brought up that point, then when he came by, that no discussion of rent happened, but the discussion of him selling the house happened.

I understand that I have been living here for 2+ years, but does a yearly contract terminate my grounds for a longer notice period? Each contract I sign each year has been for the duration of one year. And if I ask for writing accompanied by a statutory declaration of intent to sell, will it be as of yesterday he has to give me three months, or the day he finds out he intends to sell?

Thank you!

dudara

A yearly contract does not change/reset your notice periods. They are determined by the total length of your tenancy. The terms of a contact cannot supercede your statutory rights.

Your notice period will start when he serves a valid termination notice. See the RTB website for details of what a valid termination notice looks like.

Retropesssir

Thanks so much. What I'll do is, I'll call PRTB tomorrow just to understand everything a bit better. But I'll also be keeping an eye out for other accommodation that might actually be better suited for me than where I am now.

Who knows, while this situation is inconvenient, I may find something better, and depending on when their move in date is, it might suit me to stick with his 28 days if where I find is seeking for in a month's time as well. If not, I can certainly bring up the longer notice period.

While it is an inconvenient situation, I would actually be happy to move out if I found a place that was cheaper and in a better location/nicer. He has come onto me and tried to flirt way too many times while I've lived here which I've had to advert as a 28 year old female.

I'll crack onto the PRTB but all advice or comments welcome to expand my knowledge on the subject before I jump in

dudara

Hang on a sec, you mention the rent-a-room scheme. Is the landlord living with you, i.e. you rent a room from him, and he also lives there?

NinetyTwoTeam

Retropesssir wrote: »

I understand that I have been living here for 2+ years, but does a yearly contract terminate my grounds for a longer notice period?

Thank you!

Absolutely not. The longer notice period applies, and any notice he gives must say
1) that he intends to sell.
2) must include a date for you to move out by
3) the date must be on or outside the minimum notice period

without that, it's an invalid and unenforceable notice. and the 56 days or whatever you are entitled to, can only start from the day you RECEIVE a 100% valid notice. Not from the day he sends it. So he really needs to either deliver it personally or by registered post. if you receive anything thay isn't valid, send it back and tell him to contact the RTB for advice on how to send a valid notice and to be advised of what your legal notice period is.

I don't know why landlords so often can't manage to get these procedures right. It's simple and it's their business, they should know it inside and out.

The_Conductor

OP- you've mentioned the 'rent-a-room' scheme.
If you are letting a room from the owner under the rent-a-room scheme (and I'm not sure whether this is the case or not)- you are not a tenant- you are living in the property under license- and the laws governing tenancy rights do not apply. You can have a formal agreement under the rent-a-room scheme- which will spell out your and the owner's rights and obligations towards one another.
The RPZ rules etc- will not apply.
Notice periods do not apply (it is phrased as 'reasonable notice' which is taken to be the timescale in which rent is periodically paid).

The owner does not have to be living in the property- if there are multiple people living in the property any one of them can be deemed a 'lead tenant' who in turn can sublet using the rent-a-room scheme (with the agreement of the owner).

You need to find out what your status is- before you go all guns blazing to the RTB- its entirely possible that you're not a tenant at all- and you yourself did mention the rent-a-room scheme- you need to figure what exactly your status is- and take it from there.

Browney7

The_Conductor wrote: »

OP- you've mentioned the 'rent-a-room' scheme.
If you are letting a room from the owner under the rent-a-room scheme (and I'm not sure whether this is the case or not)- you are not a tenant- you are living in the property under license- and the laws governing tenancy rights do not apply. You can have a formal agreement under the rent-a-room scheme- which will spell out your and the owner's rights and obligations towards one another.
The RPZ rules etc- will not apply.
Notice periods do not apply (it is phrased as 'reasonable notice' which is taken to be the timescale in which rent is periodically paid).

The owner does not have to be living in the property- if there are multiple people living in the property any one of them can be deemed a 'lead tenant' who in turn can sublet using the rent-a-room scheme (with the agreement of the owner).

You need to find out what your status is- before you go all guns blazing to the RTB- its entirely possible that you're not a tenant at all- and you yourself did mention the rent-a-room scheme- you need to figure what exactly your status is- and take it from there.

I took it from his post he has the tenancy in his name and sublets to two others but I'm sure the OP will clarify

NinetyTwoTeam

Yeah OP you need to clarify the rent a room scheme thing to get proper advice as the rules are much different.

Why in God's name are you keeping pets (plural!) when you are a student in shared accommodation with no family around to fall back on?! that's such a bad idea, it's going to make things so much harder when you have to go.

4ensic15

Why start a row over a small rent increase when you are onto a good thing?