Tenants won't leave the house we are buying!

princeofpounds

There is a tenancy agreement. Just because nothing is written down is not relevant - the simple exchange of occupation for rent establishes one, most likely an assured shorthold tenancy.

BitterAndTwisted

evoke wrote: »

Or you could be a cynic and suggest that the tenants engineered this scenario to get a free council house?

How would you suggest that a tenant goes about engineering their landlord to sell a property from underneath them?

These tenants have suffered a terribly difficult change in their circumstances: finding a landlord to accept you when you have no income from work is no easy task, to put it mildly.

Still, that's not the OP's problem. The vendor needs to get their act together and quickly. They should have served the S21 well before they accepted the OP's offer imo.

missile

I would look for another house. It may seem like a bargain, but you could wait 6 months for tenant to vacate, then get gazumped.

Planner

Moomin21 wrote: »

the house went on the market in july, and if i were the tenant, i would have been looking and moving out pretty sharpish to avoid this situation!! the woman told us she had just found out she was pregnant on our second viewing so before he lost his job they should have left..maybe that's just what i would do and shouldn't expect others to do the 'right thing'.

With respect, its nothing to do with morals. You cannot know what you would have done in the same situation as you are fortunate enough not to be in the tenants situation. A little compasion costs nothing.

The 'fault' (if there is any) is the person you are buying from, not the person he is taking money off for the dubious oppurtunity to live there.

amcluesent

>the woman is pregnant apparently,<

Very canny. "Professional" tenants I'd say. Sorry, it'll be minimum of 6 months before LL get vacant possession as the Council won't house them until Court process has worked through all appeals. Plus however long to make-good...

Planner

amcluesent wrote: »

>the woman is pregnant apparently,<

Very canny. "Professional" tenants by the looks of it. Sorry, it'll be minimum of 6 months before LL get vacant possession.

OR maybe she is and he has really lost his job?! Blimey what wrong with everyone today?

martinbuckley

If you do go ahead with the purchase, then make sure you give the house a good inspection prior to exchange.

Many years ago, I had to take my tenants to court to get rid of them and it took me 5 months. Once they had left, I went to check the house over and it wasnt a pretty sight! It cost me over £1000 just to get it back to a habitable condition.

DVardysShadow

amcluesent wrote: »

>the woman is pregnant apparently,<

Very canny. "Professional" tenants I'd say. Sorry, it'll be minimum of 6 months before LL get vacant possession as the Council won't house them until Court process has worked through all appeals. Plus however long to make-good...

Canny, I would agree. If they had played the 'quiet enjoyment' card and allowed no viewings, the Landlord could have got straight on with a section 21 - and presumably the house would be off the market for the moment and the tenants would be much further along the path to leaving.

theartfullodger

A surprising number of S21 notices are invalid: If prepared by Landlord: Also if prepared by Letting Agent: Even, also, if prepared at enormous expense by Solicitor.

Assume a couple, of months delay AFTER expiry of valid S21 before T leaves, what with court & bailiff time, assuming court papers are done correctly...

The Tenant(s) are simply exercising their legal rights & following entirely valid and enshrined-in-law process. The landlord/vendor by issuing S21 (if valid...) is simply exercising his legal rights to request (note, request, T doesn't have to go..: Actually an S21 notice is a notice stating LL will seek possession, that's all...see..
http://www.legislation.gov.uk/ukpga/1988/50/section/21

) Tenant(s) to leave. We'd not want to live in some law-breaking dodgy country, would we??

It is, after all, Tenants home. it is their property (oh yes, their property, merely the Landlord's investment - whilst there is a valid tenancy, which there will be until the Bailiffs carry them off the premises...). Me, I try to abide by the law & recommend likewise...

Cheers!

Artful

Jowo_2

amcluesent wrote: »

... Sorry, it'll be minimum of 6 months before LL get vacant possession as the Council won't house them until Court process has worked through all appeals. ...

What appeals? A tenant doesn't have much latitude and certainly not multiple occasions to appeal against a validly served S21.

Assuming the S21 is correctly completed and served, the judge is obliged to award possession to the landlord, the judgement will be made in the landlord's favour on a mandatory basis, the judge has no discretion.

By your reference to appeals, are you referring a tenant requesting extra time to remain in the property past the possession order which normally gives tenants 2 weeks to leave? They can ask the court for more time before the possession order takes effect. This can only be done for up to six weeks and only if they are suffering great hardship.

Or are you referring to the need for the landlord to enforce the possession order with court appointed bailiffs if the tenants ignore the possession order? This may take a few weeks for the landlord to arrange because of the waiting time for their services but the tenants certainly can't appeal - a bailiff is the end of the process and they will bring along the police if they think there is going to be resistance.