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Tenants won't leave the house we are buying!

124

Comments

  • Jowo_2
    Jowo_2 Posts: 8,308 Forumite
    The sensible thing to do is for the vendor to pay the tenants to move out next week ...

    Vendor: If you agree to move out in the next month, I will give you £1000 and pay for your removals van.

    Tenant: No, I'd rather be given social housing by the council to have a lifetime of low rent and not get moved on every 6 months by a landlord.
  • Nixer
    Nixer Posts: 333 Forumite
    Rather than you thinking that the tenants should have prepared for this and looked to move in July (why? - house going on market != house sold), you should be realising what a divvy the seller is for not putting the section 21 wheels in motion a lot earlier - assuming that is that the tenants are in periodic. As I see it the tenants haven't done anything wrong but it does look as if they won't move until a court order, they aren't going to be paid off because it will mess up them getting social housing.

    Has the landlord issued the section 21 yet?

    If you really want the house, lower your offer to at least reflect the cost of you having to pay for alternative accommodation for a couple of months more than you thought. But if I were in your shoes I think I'd find somewhere else to buy that hasn't got tenants in as there's too much potential for something to go wrong until the tenant is actually out.

    There's nothing you can do, it's the seller's problem.
  • tbs624
    tbs624 Posts: 10,816 Forumite
    Jowo wrote: »
    Vendor: If you agree to move out in the next month, I will give you £1000 and pay for your removals van.

    Tenant: No, I'd rather be given social housing by the council to have a lifetime of low rent and not get moved on every 6 months by a landlord.
    Unlikely to be for a lifetime..see http://www.independent.co.uk/news/uk/politics/twoyear-contract-plan-for-council-house-tenants-2139427.html

    Reforms to be announced on Monday apparently.
  • tbs624
    tbs624 Posts: 10,816 Forumite
    evoke wrote: »
    Or you could be a cynic and suggest that the tenants engineered this scenario to get a free council house? ;)
    Engineered losing his own job?

    And do please tell us where these "free" Council houses are.........

    The reality for the tenants will probably be some dosshole of a B&B

    Any chance you are a Daily Mail reader?
  • tbs624
    tbs624 Posts: 10,816 Forumite
    Moomin21 wrote: »
    ...the house IS worth waiting for (bargain, good area, good investment)
    In which case sit it out. If you are buying with a mortgage then your lender will nsist on there being vacant possession in time for exchange of contracts.

    This is a regular scenario when "play at it " LLs want to have their mortgage paid by a T but expect the T to permit viewings by potential purchasers during their tenancy and then simply move out at point of sale. Cake, have , eat. It's rarely straightforward and potential buyers should be aware of that before putting their offer in on a tenanted property.
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    clutton wrote: »
    since there is no written contract... from what date does the "fixed period" end........

    The date the tenants moved in is taken to be the first day of the initial 6 month AST. So that should be easy to calculate - assuming there is no dispute about when they actually moved in.....
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • geoffky
    geoffky Posts: 6,835 Forumite
    good area, good investment why dont you let them stay in it,..because if you have bought it for yourselves the good investment bit does not make sense as the market is in a right mess and anyone who is buying thinking of short term investing is mad as far as i am concerned.prices may fall and fall and fall..
    It is nice to see the value of your house going up'' Why ?
    Unless you are planning to sell up and not live anywhere, I can;t see the advantage.
    If you are planning to upsize the new house will cost more.
    If you are planning to downsize your new house will cost more than it should
    If you are trying to buy your first house its almost impossible.
  • Ulfar
    Ulfar Posts: 1,309 Forumite
    If you are a mortgage to buy this property there is another deadline to consider and that is when you offer expires. There have been many posts on this forum where the mortgage offer has expired and the buyer has been unable to secure a new mortgage offer. This can be because the property has dropped in value or just because of wider changes with the banks.

    I don't think your vendor is going to be able to get these people out in time as realistically it can take 6 months, exchanging contracts will not be possible until you have a set date for completion which won't be possible until they are out. In addition to this you will need to inspect the property before exchange once it is vacant as who knows what damage there will be.
  • i do appreciate everyone's feedback and hindsight is a wonderful thing!! I'm a FTB so its all one big learning curve anyway!

    I just wanted to know about timescales because we are living with my boyfriends parents (moved in to save money, now have what we need) and i really can't stay there any longer as it is driving me mad, so wanted to know if it would be worth renting somewhere until things sort themselves out as most places are minimum 6 months contract...but it looks like it may take that long so will start looking at possible rentals.

    When i said it was a good investment i meant it needs a LOT of working doing to it that wea re able to do (boyfriend is super DIYer) so we can TRY and make money from it, but if we don't, it will still be a nice house in a nice area.

    Also, good point about Mortgage offer expiring, it expires in March i think so would have to go through all that again as well!!

    What I've learnt through this is that the tenants have more rights than i thought..i've been renting for nearly 10 years and didn't realise a lot of this. puts me off being a landlord in the future!!

    Thanks everyone!!

    xx
  • Jowo_2
    Jowo_2 Posts: 8,308 Forumite
    Time to find another property? If you see something that you like in the near future, you could be in it by early next year (assuming it doesn't have tenants in it angling for social housing) without the need for getting locked into a rental contract and a deadline to focus on to help with the hassle of living with the inlaws).
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