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    • edellis
    • By edellis 13th Jun 17, 6:02 PM
    • 1Posts
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    edellis
    First time buyer: two weeks left of tenancy, four week delay in house chain crops up
    • #1
    • 13th Jun 17, 6:02 PM
    First time buyer: two weeks left of tenancy, four week delay in house chain crops up 13th Jun 17 at 6:02 PM
    So we're over three months into the house buying process - contracts complete our end, searches complete, just waiting on replies from sellers on double glazing/boiler/electrical certificates. We're due to move out at the end of June, when the landlord is selling. However, the vendor has just found out that the house they're buying requires four weeks notice, which would leave us homeless for the first two weeks of July. Asked solicitor to chase up, and she said she'd send an email to their solicitor but wasn't hopeful. Vendor is also chasing, and we've asked our landlord to let us know if there's any delay in his sale, but he understandably doesn't want to jeopardize his sale.

    What are our options? I guess the onus is on us to move out and deal being homeless as the vendors haven't officially agreed on an exchange date yet (although I've been chasing one for two months now). Landlord and his buyer have an exchange date of the 2nd of July with survey due on the 22nd June (this likely to lead to delays I'm hoping?). If we do end up having to move out at the end of the month, any way to try and reduce house price to cover storage and temporary accommodation?
Page 1
    • Glbooth3
    • By Glbooth3 13th Jun 17, 6:06 PM
    • 71 Posts
    • 88 Thanks
    Glbooth3
    • #2
    • 13th Jun 17, 6:06 PM
    • #2
    • 13th Jun 17, 6:06 PM
    Surely he cannot leave you homeless? Ill keep an eye on this thread as I am similar predicament we buying another house, landlord is selling this one, the estate agent that lets this house is more on our side than the landlords and have said any delays etc they won't go further with the sale until ours is completed
    • Cakeguts
    • By Cakeguts 13th Jun 17, 6:46 PM
    • 2,571 Posts
    • 3,529 Thanks
    Cakeguts
    • #3
    • 13th Jun 17, 6:46 PM
    • #3
    • 13th Jun 17, 6:46 PM
    Did you give notice that you were moving out?
    • agrinnall
    • By agrinnall 13th Jun 17, 6:51 PM
    • 17,892 Posts
    • 13,577 Thanks
    agrinnall
    • #4
    • 13th Jun 17, 6:51 PM
    • #4
    • 13th Jun 17, 6:51 PM
    You can stay in your rental property and force the LL to begin eviction proceedings, it won't make you popular but you'll have somewhere to live until you can complete on your purchase (although I think you're being optimistic if you think the delay will only be 2 weeks). Alternatively, move out and stay with friends or relatives for a couple of weeks, putting your stuff in storage if necessary.

    Whatever you do you'll have to foot the cost, you haven't exchanged therefore your seller has no commitment to you. If you tried to reduce the purchase price for this reason I'd walk away.
    • PasturesNew
    • By PasturesNew 13th Jun 17, 6:56 PM
    • 59,197 Posts
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    PasturesNew
    • #5
    • 13th Jun 17, 6:56 PM
    • #5
    • 13th Jun 17, 6:56 PM
    Four choices:

    - you can stay where you are. The LL can't make you move out without taking you to court (which would take a LOT longer than you need). Maybe the LL will be OK/fine with you saying "can I stay on another 2 weeks or so?" or maybe he's promised it to somebody else already and will be annoyed. Only you know.... if you stay on you will incur full months of rent payable to the LL for your overstay, not just the extra days you stayed. This overstay/payment can be negotiated with the LL if you have a good relationship with them.

    - you could just move out and rent yourself a holiday home for 2-3 weeks. This time of year it's a bit of a dead spot until mid July, so touch and go if you can manage to get one for the dates you want as they might already be booked up with another overlap of your end dates. The rates you should aim for would be about 1/2 to 1/3rd of their advertised weekly rate for that - 1/4 or even 1/5th of the rate is achievable if you're the sort of person who is always lucky.

    - as above, finding a small/private/family hotel that usually do holiday guests and will take your "longer term booking". You'll get a good rate for this long booking.

    - AirBNB accommodation.
    • hammy1988
    • By hammy1988 13th Jun 17, 7:01 PM
    • 35 Posts
    • 29 Thanks
    hammy1988
    • #6
    • 13th Jun 17, 7:01 PM
    • #6
    • 13th Jun 17, 7:01 PM
    Like others have said, prepare to whack stuff in storage, and beg friends/family for a putup... or rent somewhere short term, a holiday let will allow you to pay by the week.
    • maisie cat
    • By maisie cat 13th Jun 17, 8:12 PM
    • 196 Posts
    • 228 Thanks
    maisie cat
    • #7
    • 13th Jun 17, 8:12 PM
    • #7
    • 13th Jun 17, 8:12 PM
    When we bought our current house there was going to be a gap of 2 weeks. We looked at options and opted for a camping for a fortnight, it was cheaper than a hotel/holiday let. In the end the buyer delayed so we moved on the same day but I was a bit disappointed, I was looking forward to it.
    • AnotherJoe
    • By AnotherJoe 13th Jun 17, 9:12 PM
    • 6,881 Posts
    • 7,319 Thanks
    AnotherJoe
    • #8
    • 13th Jun 17, 9:12 PM
    • #8
    • 13th Jun 17, 9:12 PM
    Just stay on,the LL is a greedy fool for not ensuring vacant possession before exchange so he'll have to take his lumps now.
    He may even pay you enough to move out on schedule to enable you to afford alternatives ve accomodation.
    • Surrey_EA
    • By Surrey_EA 13th Jun 17, 10:47 PM
    • 1,029 Posts
    • 1,158 Thanks
    Surrey_EA
    • #9
    • 13th Jun 17, 10:47 PM
    • #9
    • 13th Jun 17, 10:47 PM
    Firstly the 2nd of July is a Sunday, so nobody will be exchanging on that day, whatever happens!

    Secondly it is not realistically possible to accurately predict exchange nearly three weeks in advance. That suggests the sale of the property you are currently renting is still at a stage where plenty could change.

    No buyer in their right mind would exchange contracts on a property that had been let unless it was vacant.
    • G_M
    • By G_M 13th Jun 17, 11:10 PM
    • 40,124 Posts
    • 45,833 Thanks
    G_M
    As others have already said.

    So we're over three months into the house buying process - contracts complete our end, searches complete, just waiting on replies from sellers on double glazing/boiler/electrical certificates.
    OK. So you might be ready to exchange in a week, a month, 2 months or so.

    We're due to move out at the end of June, when the landlord is selling.
    Please explain (it's important!):
    a) Your fixed term ends on 30th June
    and the landlord served you a S21 Notice 2 months ago?
    b) and/or you're in a periodic tenancy and the landlord served you a S21 Notice 2 months ago?
    c)
    you're in a periodic tenancy and you served notice on the landlord a month ago (exact date matters but let's let that pass for now)?
    d) the landlord has served a S21 Notice, and been to court, and a court has granted him possession on 30th June?
    e) something else?

    However, the vendor (your vendor?) has just found out that the house they're buying requires four weeks notice,
    ???? Please explain. You mean their vendor wants a 4 week gap between Exchange and Completion? Do you know why?

    which would leave us homeless for the first two weeks of July.
    Perhaps - but that depends on the answers above

    Asked solicitor to chase up, and she said she'd send an email to their solicitor but wasn't hopeful. Vendor is also chasing, and we've asked our landlord to let us know if there's any delay in his sale, but he understandably doesn't want to jeopardize his sale.
    Any seller who has tenants has to take into account that his property is not vacant. He cannot guarantee on what date it will be vacant, and he is either misguided, or greedy, in trying to Exchange Contracts within days of when he hopes his tenants will have left.

    Similarly, his buyers are foolhardy to make any plans re dates to Exchange on buying his property while their are tenants in occupation.

    What are our options? I guess the onus is on us to move out and deal being homeless
    Why?
    as the (your?)vendors haven't officially agreed on an exchange date yet
    There is no such thing as an officially agreed Exchange Date. Exchange happens when everone is ready, not on a previously 'agreed' date. As you are now finding, any 'planned' Exchange date can change.

    (although I've been chasing one for two months now). Landlord and his buyer have an exchange date of the 2nd of July
    No. They've had informal talks and agreed that is what they'd like to aim for. Nothing more.

    with survey due on the 22nd June (this likely to lead to delays I'm hoping?).
    I don't understand your question. Are you hoping that or not? I don't know.
    If we do end up having to move out at the end of the month, any way to try and reduce house price to cover storage and temporary accommodation?
    Originally posted by edellis
    You can try. Your seller might or might not agree.

    You need a better understanding of

    a) the prperty buying process and
    b) your tenancy rights and obligations.

    If you answer the Qs above, we'll advise on your rights.
    • DumbMuscle
    • By DumbMuscle 14th Jun 17, 9:20 AM
    • 241 Posts
    • 287 Thanks
    DumbMuscle
    I'm in a similar position at the moment (delay not yet confirmed, but periodic tenancy ends on 22 July, S21 served, and it's a houseshare where I'd be the only one wanting to stay longer - so paying for the whole house is not really an option).

    Ask around friends and family for a place to stay for a couple weeks, or check with your letting agent whether they have any short term rentals available (e.g. if they have someone who wants out of their contract early and they can put you in touch). I currently have a backup plan for minor delays of staying on a friend's sofa (and maybe still having use of the garage at my current place, since the LL is having some work done once we move), and for longer delays I have friends with tenancys that I can take over for the last month or two (which works out cheaper than paying for the whole of my current house!) - though that's mostly due to living in a student town and knowing a lot of students!
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