Carpet replacement can I get my money back for them now landlord wants to sell.

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    Carpet replacement can I get my money back for them now landlord wants to sell.

    Hi all,

    We moved into our house in May 2012 on the agreement that we'd be buying the house off the Landlord within 2 years. The house was in a bad way so we have replaced the carpets and decorated knowing we were buying the house.

    He has since visited and I had a feeling something was up. After our 6 month contract was up he wrote to say he's been asked to change his mortgage to a buy to let and that he's putting the house back on the market. (The house was previously on for 1 year with no viewings and I doubt would have been rented out had we not moved in.)

    Where do I stand on getting some of the money back for the carpets? Are we allowed to take them with us when we move out? Will we not get the bond back if we do take them?

    Also we have no proof of him putting the deposit in a scheme. If I ask him for the proof and it isn't in a scheme what happens to the deposit? Is the scheme valid if he puts it in one now almost 8 months later?

    Also no inventory was done but I did take before and after pictures before decorating.

    Thank you in advance
    Jess

    #2
    Unless you have some written evidence that he agreed to let you to buy the house within 2 years I fear you will struggle to recoup the cost of carpets etc.

    The deposit issue is entirely separate.
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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      #3
      I have saved emails stating so, would that count as written evidence?

      If not is it worth us taking the carpets?

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        #4
        You can take the carpet with you when you move out, if you put the one you found back in.

        I'm afraid you can't hold him responsible for a verbal promise to sell you the property. Was that Agreement in writing? Had a price and date been agreed?

        He can protect the deposit anytime. That doesn't remove his liability for non compliance and you can sue him even if he does protect it late. You have no reason to move out anytime soon and you don't have to move until the landlord gets possession through the courts. If he didn't protect your deposit, he can't start the process without refunding it to you. Bear in mind that that does not remove your liability for damage. Simple answer is, ask him about it
        All views posted reflect my personal opinion only and do not constitute professional advice which I am not qualified or knowledgeable enough to provide.

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          #5
          On the rent to buy and carpets issue, it all depends on what is in the contract, what is written down and what you can prove.

          I'd suggest that you need real legal advice on that, as it is complex and highly individual.

          On the deposit, LL is required to lodge deposit in a scheme and to have formally given you the relevant information.

          If he hasn't then he you can claim in court for 3x compensation.

          (I take it that you can prove you paid a deposit?)

          My suggestion:

          a - Explore the contract issue with a specialist solicitor in their free half hour to work out where you stand. You may find you have comeback under the rent-to-buy agreement if you have suffered a financial loss.

          If you take it further you will probably need to pay for representaton.

          b - Depending on what you decide, you could ask LL for compensation, or to honour the agreement, or - more informally - you could use the contract issue, or the deposit issue, as leverage to obtain your desired outcome on the carpets or the tenancy itself.

          However, you need to think carefully about the outcome you desire, having explored carefully what is your current position.

          ML
          Refer Mad Regulators to Arkell vs Pressdram.

          Comment


            #6
            Are you not able to buy the place now? If LL is putting it on the market, why don't you put in an offer, save him the hassle of marketing it and buy it yourselves?

            If you deposit is not protected, the new rules introduced last year mean late protection is no longer allowed, and the LL has to return the whole amount without deductions. Indeed, he cannot issue you valid notice to leave the property until he does so. You can sue him for failure to protect, but this is a long winded and costly process, so just getting the full amount back is probably best route.

            If you want to take the carpets, negotiate with the LL, don't just take them! Whilst he cannot make deductions from your unprotected deposit, he can sue you separately for damages.

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              #7
              I've simply asked him so far what will happen with the carpets and explained we only changed them to with the view to buy the house.

              For the sake of £800 I wouldn't take legal action it's just REALLY annoying but a stupid mistake that won't be repeated

              We don't need to move out straight away however, we'll be in the position to buy this time next year. So if he sells say September for example, we'll have to be fixed into another 6 month rental contract until March when we could have bought in the December. For this reason we're viewing a property tomorrow hoping to be signed in for 12 months which will be perfect timing for us. I have 2 children so the less moving the better.

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                #8
                Even if he sells with you in the property, the tenancy carries on as it is. Only the landlord changes. There is no reason to sign a new fixed term. Obviously the new landlord can choose to evict. I would guess that either he will aim to sell with vacant possession or sell to someone buying to let who will probably want to keep you
                All views posted reflect my personal opinion only and do not constitute professional advice which I am not qualified or knowledgeable enough to provide.

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                  #9
                  Thank you MSaxp I hadn't thought of that. The current landlord has asked us to stay here until he sells.

                  So we can stay here until we're evicted? Regardless of when the Landlord sells.

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                    #10
                    Correct. Your tenancy does not end until the landlord (current or future) gets possession through the courts or you give notice to end the tenancy
                    All views posted reflect my personal opinion only and do not constitute professional advice which I am not qualified or knowledgeable enough to provide.

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                      #11
                      I'm not sure I could be that awkward to take it so far as going through courts. Just feel a bit let down but more fool me for being so naive that he'd stick to his word.

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                        #12
                        It's not taking it that far really. There is no other way for a landlord to end a tenancy. Alternatively if you want to help him out, you can give your own notice when he says he wants you to go
                        All views posted reflect my personal opinion only and do not constitute professional advice which I am not qualified or knowledgeable enough to provide.

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                          #13
                          I don't see an immediate issue here as the landlord is not asking you to leave. Being sold as a BtL, and assuming you are good tenants, then the new landlord would probably let you stay on. Also, if there were no viewings the last year he had it on the market, who is to say how successful this run will be. It's quite conceivable that you could end up being the buyer yourself.
                          I may be a housing professional but my views, thoughts, opinions, advice, criticisms or otherwise on this board are mine and are not representative of my company, colleagues, managers. I am here as an independent human being who simply wants to learn new stuff, share ideas and interact with like minded people.

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                            #14
                            His letter said "This has made letting the property out a lot less attractive and will mean I will now be looking to sell as soon as possible." So you're right he hasn't asked for us to move out. It's the first time he's let a property and I'm not sure he's aware that he'd have to evict us.

                            I don't think it'll be marketed as a buy to let as we're in a bungalow, residential small village, surrounded by old people. The yield wouldn't be great enough as an investment. He's let it as a last resort as he couldn't sell.

                            I think the house would have a greater chance of selling as we've decorated it nicely and changed the flooring. It was a dump previously with no flooring in some of the rooms. If we didn't think we were buying it we never would have moved in as it was in a bad way.

                            After everyone's response I'm more inclined to sit it out and hopefully have a deposit in time.

                            Thanks again.

                            Comment


                              #15
                              JG4 Question is

                              Are you still interested in buying this property if offered?

                              If YES then you are in a good negotiating position, esp if you can get mortgage from original Lender. You get 2 EAs to both give market & sitting T valuations. Pitch your offer slightly above lowest valuation (reducing your mort requirements). LL saves on EA fees, other than conveyancing fees and has a solid buyer.
                              You save moving and re-letting costs to an unknown property / LL. No disruption
                              Aim to complete before 5 April 13

                              Buying market is depressed for most low/average cost areas, so if you can secure a mortgage go for it!

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