Tenant refuse to move out on completion day

snow_suzi

Hi,

I wonder if someone can give me some advice here??

We are running up to the exchange of contract... it was meant to be yesterday and completion a week after. The seller initially proposed these dates and we worked along to meet the schedule. Everything is in place from my side.

However, on the day of exchange my solicitor failed to get a formal agreement with the seller's solicitor on the completion date. It was all due to the tenant who is living in the property right now refuse to move out... The tenant is the sister-in-law of the seller.

So the exchange did not take place yesterday... I am now worry that even if we manage to exchange and complete on a agreed date in the furture, can the tenant still refuse to move out??

Does anyone know what my legal position is if this happen? what can I do in advance to protect myself??

Thank you!!

PasturesNew

The tenant needs to be out before you exchange.

Has the tenant been given legal notice to leave?

theartfullodger

Even if Tenant has been given a valid notice he does not have to leave. The notice will almost certainly simply be a notice that the Landlord MAY apply to the courts for possession. On expiry of that notice LL applies to court for possession order, then bailiffs are engaged & go round. may take 8-12 weeks after notice expiry.

Did your solicitor not explain this to you??

Whatever you do DO NOT COMPLETE without seeing, with your own eyes, that T has left & taken all their stuff. Otherwise you might find you bought a property with an existing tenant and you tied to T's existing tenancy terms...

Cheers!

Artful

Suffolk_Jock

I personaly would not exchange while there was a tenant still in the house refusing to move, you could end up having to pay out of your own money to get them removed legally.
When we bought our property, our solicitor would not exchange untill she had written proof that the people we were buying off that there Son would move out as well, as he could have decided to stay after they moved out and we would have ended up with a tenant.
I am sure that someone else on here will be able to give you all the facts, or even your own solicitor. But my advise is dont exchange untill it is sorted.

BitterAndTwisted

If you're buying with a mortgage your lender will not authorise release of funds without vacant possession. This is the vendor's headache to resolve. Do not proceed until you are confident that the property is no longer occupied.

chris_m

theartfullodger wrote: »

Whatever you do DO NOT COMPLETE without seeing, with your own eyes, that T has left & taken all their stuff. Otherwise you might find you bought a property with an existing tenant and you tied to T's existing tenancy terms...

Correction - don't even exchange contracts, let alone complete.
Once you've exchanged contracts you are committed to buy, sitting tenants or not.

BitterAndTwisted

Thanks, christ_m you are absolutely correct

bris

The sale wouldn't complete without vacant possesion anyway. It could take months for this to be resolved depending on where the legal process for the eviction is. If it was just agreed the SIS would move out and she has changed her mind, then you could be in for a very long wait.
You may want to think twice about exchanging and start looking for an alternative.

hazyjo

Agreed. Don't exchange. If there are tenants in there and you take possession of the house, you'd be in for all sorts of problems as you'd be classed as the landlord, I believe. That would affect just about everything - mortgage, insurance... don't even think about it, even if they have been served whatever notice needs serving. Also agree, start looking for another house. It could take a long time to get them out, and you could be in somewhere else quicker. How long left on your mortgage offer (presuming you have a mortgage)?

Jx

G_M

Hardly worth adding my voice. I have nothing new to add.

snow_suzi

Advices taken! Thank you so much for all the responses.
I will have to have a serious think this weekend on the next step. headache................