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  • FIRST POST
    • armstrong1955
    • By armstrong1955 14th Jul 17, 11:40 AM
    • 6Posts
    • 3Thanks
    armstrong1955
    Time to cut our losses?
    • #1
    • 14th Jul 17, 11:40 AM
    Time to cut our losses? 14th Jul 17 at 11:40 AM
    Our offer was accepted on a flat at the beginning of April. We were informed that the tenants had been given notice, and the property would be vacant by a specific date in mid June. I phoned the EA the day after to check the property was in fact vacant, only to be informed that the tenants would be staying until the end of June. At this point our solicitor had all the enquiries etc. back, but was planning to send us everything at once when we were ready to exchange. My partner phoned the EA last week to check whether the property is vacant, and was told the seller has given the tenants another 2 week extension!

    I am now at a loss as to what to do next; I have been trying all week to get in touch with our solicitor to find out whether we are in a position to exchange so I can give the vendors a deadline, but they are not responding to email or phone calls. To top it off, we told our landlord we would be moving at the beginning of August (since we had been assured the property would be vacant by the end of June and that all the paperwork was in order), so we are also looking at being homeless in a few weeks.

    My question (after that rant) is whether it's worth holding on in the hope that things will come together in time for us to move in August, or whether we should just cut our losses, pull out and grovel to the landlord to stay in our rental?

    Cheers!
Page 1
    • n217970
    • By n217970 14th Jul 17, 11:54 AM
    • 164 Posts
    • 111 Thanks
    n217970
    • #2
    • 14th Jul 17, 11:54 AM
    • #2
    • 14th Jul 17, 11:54 AM
    Its feasible that the vendor has not given an extension at all but the tenants are actually refusing to move. In which case you could be looking at a long eviction process - up to 10-12 months. For this reason personally I would never even look at a house with tenants in situ.

    On the other hand the vendor maybe being nice to his tenants who are struggling to find a new home. Think you need to pick a firm deadline - if your partner was told 2 weeks last week then that is only 1 more week from now. I would see if it is vacant when the two weeks are up. If not move on.
    • bouicca21
    • By bouicca21 14th Jul 17, 11:54 AM
    • 3,098 Posts
    • 3,819 Thanks
    bouicca21
    • #3
    • 14th Jul 17, 11:54 AM
    • #3
    • 14th Jul 17, 11:54 AM
    You need to find out if notice has been served correctly (somehow I doubt it) and whether matters have progressed to an eviction order (which I also doubt). If not, then yes it's grovel to stay. Start looking elsewhere but don't burn your boats just in case those tenants really are leaving amicably.
    • fairy lights
    • By fairy lights 14th Jul 17, 11:55 AM
    • 8,015 Posts
    • 26,705 Thanks
    fairy lights
    • #4
    • 14th Jul 17, 11:55 AM
    • #4
    • 14th Jul 17, 11:55 AM
    On the other hand the vendor maybe being nice to his tenants who are struggling to find a new home..
    Originally posted by n217970
    More likely the landlord is trying to have his cake and eat it by keeping the tenants in the property till the very last minute so he doesn't miss out on rent...
    • phoebe1989seb
    • By phoebe1989seb 14th Jul 17, 12:19 PM
    • 3,084 Posts
    • 6,338 Thanks
    phoebe1989seb
    • #5
    • 14th Jul 17, 12:19 PM
    • #5
    • 14th Jul 17, 12:19 PM
    Its feasible that the vendor has not given an extension at all but the tenants are actually refusing to move. In which case you could be looking at a long eviction process - up to 10-12 months.
    Originally posted by n217970
    This ^

    It's twenty years ago now, but we once bought a property that was tenanted when we viewed. It was a private sale and the vendor - who was the father of a friend and actually lived in the US which didn't help - assured us the process would be quick as the tenants were happy to leave. Alarm bells should have rung when we viewed the place that was divided into four flats and the ground floor tenant refused us access, but we were young and naive.

    Two of the four tenants did leave within a few weeks. The remaining two refused to leave and despite the vendor bribing them it went to court and the whole thing took a year from start to finish. Our house sold part way through the process and we had to put the contents of a large four bed house into storage and DH, DS and I moved in with my (very difficult) parents for six weeks.

    We persevered as it was a unique property we'd set our hearts on, but not sure I'd go through it again

    Unless the property is very special, I'd be looking elsewhere in your shoes, OP.......
    Paid off mortgage early - mortgage-free since age 40 (2007)

    Over £40,000 mis-sold PPI reclaimed
    • deannatrois
    • By deannatrois 14th Jul 17, 12:21 PM
    • 4,741 Posts
    • 6,674 Thanks
    deannatrois
    • #6
    • 14th Jul 17, 12:21 PM
    • #6
    • 14th Jul 17, 12:21 PM
    Ask Estate Agents to ask the vendor for a copy of a S21 sent to the tenants (with signed receipt from tenants to show they've actually received it). If this hasn't been submitted to the tenants, they haven't been given anything legally binding.

    So as said before, you are looking at the process for a S21 to be given which includes two months notice before the LL can even start going to courts to evict. Depending on the area this can take 2 plus months (depends on court waiting times) and if the LL has messed up the S21 it can be thrown out and the processs starts again.

    So depending on the tenants you could be in in August, but probably not. You probably need to get some idea somehow what the tenants are intending. But that's not going to be easy and asking them could cause you further problems (exacerbate the situation).
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