Help re notice of termination received

johnmar

Registered User
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Hello, I am hoping for some good advice here re a dispute I am having with my landlord after receiving a notice of termination....My family (wife and 2 children with 3rd child due shortly) have been renting a house since August 2013 on a 12 month fixed term lease. Approx. 4 months ago the landlord advised us he would have to sell the property. We made him an offer however he advised he wanted to place it on the open market. We offered to accommodate viewings of the house while we are renting it if we could have flexibility on a move out date if we did not purchase the house. The landlord agreed to this on e-mail.

The estate agent approached us and advised "she would help us buy the house" and "would keep us updated through-out the whole process" and asked for permission to take photos etc. We granted this. However the agent didn't take or return my calls 2 days after the 2nd viewing. We spoke with the landlord and he advised us to speak with the agent to see if we could match the existing offer. We did this after contacting the agent with the offer to continue with the paying the rent until we close. Days later no word back then our children hear through friends/neighbours he's selling to someone else at the same price. The landlord then confirms this and doesn't offer any explanation as to why our offer was not considered nor was there any feedback to it or even any apology for the our family hearing the news this way. He then advises us we have to leave at the end of the fixed term.

I then advise we couldn't move out in that time as my wife is due the baby in 10 weeks, that there are no available properties and that we have an agreement offering flexibility. I then receive the notice of termination with a shorter notice period (mid July) to move out. The notice was service correctly however my wife’s name is spelt incorrectly.

At this point we have given up on the purchase however we are going to appeal the notice of termination through the PRTB. The following are is everything I can think which may be relevant.
1. Name spelt incorrectly on NOT
2. Agreement we have on e-mail re flexibility of a date to move out
3. No BER ever being completed.
4. Gas Boiler last serviced in 2008 (as per sticker)
5. No adequate water pressure in the house. This was reported several times to the landlord. He did send out a plumber who agreed it was terrible and would need a 3 bar pressure pump installed to resolve. However the landlord said he didn't have the money to resolve this. We have been suffering since!
6. Faulty lawnmower provided. I purchased my own and may not now have any use for it.

Appreciate any advice on what course of action I should take as we are not prepared to be treated like this. Thank you, John.
 
Hello, I am hoping for some good advice here re a dispute I am having with my landlord after receiving a notice of termination....My family (wife and 2 children with 3rd child due shortly) have been renting a house since August 2013 on a 12 month fixed term lease. Approx. 4 months ago the landlord advised us he would have to sell the property. We made him an offer however he advised he wanted to place it on the open market. We offered to accommodate viewings of the house while we are renting it if we could have flexibility on a move out date if we did not purchase the house. The landlord agreed to this on e-mail.

The estate agent approached us and advised "she would help us buy the house" and "would keep us updated through-out the whole process" and asked for permission to take photos etc. We granted this. However the agent didn't take or return my calls 2 days after the 2nd viewing. We spoke with the landlord and he advised us to speak with the agent to see if we could match the existing offer. We did this after contacting the agent with the offer to continue with the paying the rent until we close. Days later no word back then our children hear through friends/neighbours he's selling to someone else at the same price. The landlord then confirms this and doesn't offer any explanation as to why our offer was not considered nor was there any feedback to it or even any apology for the our family hearing the news this way. He then advises us we have to leave at the end of the fixed term.

I then advise we couldn't move out in that time as my wife is due the baby in 10 weeks, that there are no available properties and that we have an agreement offering flexibility. I then receive the notice of termination with a shorter notice period (mid July) to move out. The notice was service correctly however my wife’s name is spelt incorrectly.

At this point we have given up on the purchase however we are going to appeal the notice of termination through the PRTB. The following are is everything I can think which may be relevant.
1. Name spelt incorrectly on NOT
2. Agreement we have on e-mail re flexibility of a date to move out
3. No BER ever being completed.
4. Gas Boiler last serviced in 2008 (as per sticker)
5. No adequate water pressure in the house. This was reported several times to the landlord. He did send out a plumber who agreed it was terrible and would need a 3 bar pressure pump installed to resolve. However the landlord said he didn't have the money to resolve this. We have been suffering since!
6. Faulty lawnmower provided. I purchased my own and may not now have any use for it.

Appreciate any advice on what course of action I should take as we are not prepared to be treated like this. Thank you, John.
 
You're obviously very angry and upset, however, taking the emotional side of things out of it:-

- the LL provided 4 months notice of his intent to sell, which he isn't required to do, to give you adequate time to look for a new home;

- the LL is under no obligation to sell the property to his tenant - it is possible that the other purchaser is a cash buyer or in a better position financially than yourself to purchase the property quickly and this is why the LL has chosen to sell to them;

- If you have been renting the property since August 2013 on a 12 month fixed term lease, then the LL cannot legally terminate the tenancy in mid July 2014;

- The lack of a BER cert and if perhaps the LL is not registered with the PRTB may cause him problems if you do choose to report him;

- bringing up the problems of the lawnmower, gas boiler service etc. at this stage won't do you much good;

Perhaps easier said than done, try focus your energy in finding a new home for your family and don't stress yourself trying to fight something that's already a fait accompli, apart from the fact that he can't serve notice to terminate in mid July when your lease began in August 2013.

Hope it works out for you and your family.
 
delgirl

Brilliant post.

I got annoyed reading the OP's post who is trying to stymie the owner's valid right to sell their property to whomever they like.

You have given very good practical advice, which I hope that OP will follow.

Brendan
 
Brendan, I understand and acknowledge the landlords right to sell the house to whoever he wants at whatever price he wants. Maybe I should have excluded that part in my post. Besides this I don't think anyone is interested in what annoys you. I have a legitimate concern re my tenancy rights which I posted in the correct forum. I look forward to any constructive feedback.
delgirl, I agree we need to focus on finding a new home, we need to buy ourselves sometime to do this though as we believed our offer would have been acepted. Tks for note that the landlord can not legally terminate the tenancy in mid July.
We are going to appeal the notice of termination through PRTB.
 
You have no substantial grounds for appealing the notice.

You are just abusing the system for your own ends and, what appears to me, to be out of spite.

Brendan
 
Brendan I find your replies quite bizarre and unhelpful, I've posted this looking for advice as this is a forum to provide advice on tenants rights!!?? I had an agreement with the landlord, he broke this (that I would continue to pay rent and accommodate viewings to the house if he provided flexibility on a date to move out... the viewings of the house and my offer to buy were only 2 weeks ago. ),. He also serviced me with an incorrect NOT and he didn't fulfil his original responsibilities as a landlord. So it would appear I have a case.
 
I had an agreement with the landlord, he broke this (that I would continue to pay rent and accommodate viewings to the house if he provided flexibility on a date to move out... the viewings of the house and my offer to buy were only 2 weeks ago.
That was at his discretion. It remains to be seen whether you have any mileage with that - although with the PRTB, anything is possible by all accounts.

He also serviced me with an incorrect NOT
Looking to force the matter by means of a technicality - in this case, a typo - doesn't reflect well on you.

He didn't fulfil his original responsibilities as a landlord.
It looks obvious from your original post that you've thought up whatever dirt you had to throw at him as an afterthought.

johnmar said:
3. No BER ever being completed.
Did you actually request to see it prior to signing the lease?
johnmar said:
5. No adequate water pressure in the house.
I wouldn't say that's necessarily his obligation. Is that not an issue with water services locally? Yes, he *could* have bought a pump but was he obliged to do so?
johnmar said:
4. Gas Boiler last serviced in 2008 (as per sticker)
Did you bring this to his attention?
6. Faulty lawnmower provided.
Did you bring this to his attention at the time?
 
delgirl, I agree we need to focus on finding a new home, we need to buy ourselves sometime to do this though as we believed our offer would have been acepted. Tks for note that the landlord can not legally terminate the tenancy in mid July.
We are going to appeal the notice of termination through PRTB.
You don't need to appeal it through the PRTB, just inform the LL in writing that as you have a fixed term tenancy which commenced on xx August 2013 and, in accordance with the Residential Tenancies Act 2004, will terminate on XX date in August 2014, you will vacate on that date and not before. You will have the full 24hrs of the last day of the tenancy to vacate.

Don't know what the date in August is, but if it's around mid August, you have approximately 2 months to find a new home.

IMHO, it's not worth taking a case with PRTB, you'd be better off using that energy to find a new home.

Sometimes these things happen for a reason and it's quite possible that the new home you will find for your family may be much nicer than the one you are in with a safe and serviced boiler, proper water pressure, etc. etc.
 
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