Vendor pulling out - but buyer already moved in!

cake21

Briefly: my sister (and her hubby and baby) are in the process of buying a house, survey completed, and mortgage agreed I believe. They are living in the house already, but the owner has decided to put the house on the market again

This is the sequence of events:

1. The current owner was renting it out, and his tenants moved out.
2. The owner then realised that he would still have to pay the mortgage payments in the gap between the tenants moving out and completion (don't get me started on that).
3. As my sister had to vacate their flat (already sold) they agreed to rent the house until completion at above market rent to save moving twice with a baby. They signed a rental agreement at this point (not sure of the small print).
4. The owner then changed his mind.
5. My sister managed to change it back again after some to-ing and fro-ing.
6. The family moved in.
7. The owner has decided that as the market is on the up he will put the house back on the market!!! :eek:

I would be very grateful for any advice or suggestions. I guess ideally there would have been something in the rental contract to mitigate against this very scenario, but 20-20 hindsight and all that...

[I have searched but haven't found anything similar but if there is another thread that leaps to mind, would be very grateful for a link ]

Thanks very much in advance

tek-monkey

How long is the rental contract for?
Did they not exchange?

bryanb

Looks like a standard rental, with all that entails.
The sale part means nothing if contracts were not exchanged.
Seems he has a tenant to cover mortgage payments again while he's marketing the house. Good rent too by the sound of it.

cake21

tek-monkey wrote: »

How long is the rental contract for?
Did they not exchange?

Three months, they haven't exchanged yet.

cake21

bryanb wrote: »

Looks like a standard rental, with all that entails.
The sale part means nothing if contracts were not exchanged.

That's what I was afraid of

Any hints or tips for negotiating? Bird in the hand and all that..?

cake21

bryanb wrote: »

Seems he has a tenant to cover mortgage payments again while he's marketing the house. Good rent too by the sound of it.

Spot on :mad:

(:mad: at the landlord not bryanb!)

bryanb

cake21 wrote: »

That's what I was afraid of

Any hints or tips for negotiating? Bird in the hand and all that..?

I'd guess it would be difficult to show prospective buyers round if the tenant did not cooperate much. Anything in the tenancy agreement about that? Tenants are entitled to quiet enjoyment of their home.

RabbitMad

stop paying the rent is my advice (or at least threaten to to ensure the LL completes the sale at the agreed price) - it will take the LL over 6 months to get your sister out

tek-monkey

Before witholding rent, complain about absolutely ANYTHING that isn't right with the house and make him fix it.

silvercar

Tenant has the right to quiet enjoyment of the property. That means tenant can refuse to show any viewers around, what ever the contract may say.

If landlord wants tenant out, he needs to (a) serve notice, (b) go to court if tenants don't move and (c) go back to court and get baliffs appointed and to act.

While tenant is living there and in contract period, tenant MUST pay rent or will be much easier to evict.

Any gas to the property and tenant must be given a gas safety certificate.

Any deposit taken and this must be protected or landlord can't serve notice.

If landlord has a mortgage, tenant may want to check with lender if the landlord has permission to let the property.

EliteHeat

If, for any reason, they were feeling vindictive they might wish to double check that the rent is being properly declared for tax on Inland Revenues grass-line