Offering on a house with tenants in situ

Jowo_2

If the tenant has been there for many years and the contract signed isn't an AST, then they may be a regulated tenant who have been in place before the housing legislation changed and are virtually unevictable - regulated tenants have strong protection from eviction.

For those with ASTs, they cannot be evicted during the fixed term (unless they have substantial arrears of 2 plus months), must be served with 2 months notice (this can run along side the fixed term), might take a month or so to reach court, might take a month or so to get a bailiff to evict them if they refuse to leave after a Possession Order is awarded to the landlord in court and the tenant refuses to leave. It can be a long process...

clutton_2

you run the risk of paying a second set of valuation fees if the sale drags on as most mortgage offers only last 6 months then lenders want a new valuation fee..

i would not exchange until the tenant left, as you could then drop your offer if she has damaged the property

DVardysShadow

ruggedtoast wrote: »

Basically what I want - is to put in an offer, have them take it off the market, but without my actually having to commit to more than £100 of legal or mortgage set up fees until I am personally satisfied that the tenant has left.

You sound determined to get the place, but determined only to commit to £100. I think you need to be prepared to put up more to get it - or to walk away..

In your position, I would think about seeing the tenant and assessing what the issue really is. You could consider cutting in some sort of sweetner to the tenant - but don't do that when or if you see them.

ruggedtoast

I dont think the tenant is approachable. She has agreed to a few viewings in the past but has, apparently, been very aggressive towards people when they arrive - and said all sorts of negative stuff about the house. This was before the first buyers were found.

After that sale fell through she has since been served a Section 21 - refused to leave and refused to allow any more viewings.

She has apparently now agreed for access for one afternoon only which is why the agent has arranged the block viewings.

As I understand it she came to the end of her tenancy and was given a Section 21 but hasnt left and says she wont leave. So they will have to evict her. I'm not sure if shes still paying rent or not.

I'm wondering what I could reasonably offer them to get them to take it off the market without committing to expensive pre-sale proceedings that could easily be ballsed up by the tenant not leaving or trashing the place.

Also what legal checks would I have to ensure have been taken to ensure that the vendor has evicted the tenant, and not just pretended they have but actually left her in there.

For what its worth I rent myself and dont agree with selling properties you have tenants in - I think you should vacate them first and then sell - but this is basically a separate issue