Tenants won't leave the house we are buying!

Jowo_2

Moomin21 wrote: »

Does anyone have any experience of this and the timescales that may be involved? we were hoping to exchange on 1st December, but it looks from the information I've been given that it will be Feb at the earliest .

What is the date that they moved in and when has the landlord served the S21?

anewman

Ask for a reduction in price, it's called Gazundering. Google it.

Jowo_2

Planner wrote: »

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.

Rather than see it as a question of morals, see it as either a legal issue and/or a question of human nature (self-interest) on the part of both tenant and landlord.

The landlord is an accidental landlord who saw an opportunity to earn income until he was in a position to sell and did not consider the impact on the tenants and the risks involved in trying to sell with tenants in place or that they may have been aware that serving notice on them in future would help their position to catapult up the waiting list for social housing.

Although the tenants may or may not have breached their contract with the landlord, ultimately it is their right to stay in the property until the landlord has gained possession through the courts.

And when faced with an expensive rate of rent with little security of tenure in the private sector and the slog involved in finding it, who wouldn't be tempted by the councils statutory obligation to assist them by providing their next property, either by finding it for them in the private sector or by granting them a secure tenancy? Puts the hassle back on the council instead of them.

Planner

anewman wrote: »

Ask for a reduction in price, it's called Gazundering. Google it.

Would it still be Gazundering when the property is actually worth 10 - 15% less when they gain possesion in 6 months time?

zzzLazyDaisy

Jowo wrote: »

What is the date that they moved in and when has the landlord served the S21?

Good point - if it was less than 6 months ago, they are in the initial period of an assured shorthold tenancy (it doesn't matter if there is nothing in writing). What this means is that while the LL can serve a S21 giving two months notice, he can't seek to enforce this until after the initial 6 month term has passed.

Ulfar

You better hope that if the landlord has been given a deposit that he has protected it and the required notices have been issued.

If not he cannot issue a S21.

anewman

Planner wrote: »

Would it still be Gazundering when the property is actually worth 10 - 15% less when they gain possesion in 6 months time?

If you get 20% then yes

property.advert

The sensible thing to do is for the vendor to pay the tenants to move out next week or the OP to find another property. This will drag on and on and end in tears.

paddedjohn

property.advert wrote: »

The sensible thing to do is for the vendor to pay the tenants to move out next week or the OP to find another property. This will drag on and on and end in tears.

As above or RUN away as fast as your little legs will carry you:(

clutton_2

since there is no written contract... from what date does the "fixed period" end........


whoever said ""trying to get a very fast court and baliff eviction"" - might let me to take them out to dinner if they can show me how to get a fast court anything.......