Tenant refuse to move out on completion day

theartfullodger

As indicated above, don't even exchange until T gorn. Apologies for error in earlier post.

Gwhiz

No decent solicitor would ever allow exchange with a sitting tenant.

thequant

Until the tenants leaves, wether contracts are exchanged or not, the house is neither yours or the LL it's the tenant. While the tenant is in there and the law says they have the right to abode in that house then it is THEIR property.

Do things properly, dont exhange till that person has left and get vendor to follow correct procedures to speed up the process.

I seen someone go through this recently,they took the attitude it OUR property and we can do what we want. Tenant was still in there 6 months later without any of the correct notices being issued.

However what made the situation worse, was rather than follow correct procedures they kept issuing threats like " you have one week to leave or we will call the police". Obviously the police laughed at the LL, however it made the situation worse as they were trying to kick him out at Xmas and acting totally illegally.

The end result was the tenant about 5-10 k worse of damage when he did leave and place wasnt habitable for 3 months.

Respect the tenant and treat them fairly and the situation will be resolved amicably all round and in the shortest time period that is legally allowed.

G_M

While the tenant is in there and the law says they have the right to abode in that house then it is THEIR property.

Their home, yes, their property, no.

But the main thrust of your point is correct.

theartfullodger

G_M wrote: »

Their home, yes, their property, no.

But the main thrust of your point is correct.

I disagree: The abode under a valid AST is the tenant's home (we agree) , the tenant's property, but only the landlord's investment..
The Landlord only "owns" the right to get the property back at some point in the future and rent whilst tenanted,,,,


See learned stuff from Tessa here...

http://www.landlordlawblog.co.uk/2010/08/31/urban-myth-when-a-landlord-lets-a-property-its-still-his/

• there is a transfer of the legal ownership of the land for a specific period of time (called a term or fixed term), normally by a written document or deed
• during that period of time the property belongs to the person renting the property
• that person (the lessee or tenant) pays rent and sometimes pays a premium (eg to ‘buy’ a flat)
• the lessor or landlord has the right to receive rent (sometimes called ground rent), and get the property back again once the lease is ended
• the lease or tenancy is governed by terms and conditions, either in a written lease or tenancy agreement, or implied by statute – and some statutory rules will override the terms agreed between the parties

cabbage

Are you sure the SIL is a tenant. Usually early on in the conveyancing process the seller is asked for all the people living at the property. They then sign to say they will vacate on completion. This usually applies to grown up children but in this case it might be the SIL. If she is a tenant, then the owners will have to serve her legal notice and see this through to eviction.

theartfullodger

If SIL had a tenancy (even if not written) then, unless Tenant gave notice the tenancy continues until tenant leaves.....
- Even if given S21 notice.
- Even is a court grant a possession order..
- In fact until the Bailiffs carry T out... tenancy continues,.,

If T has given notice can't get T out without possession order either, although I understand technically tenancy has ended..

Ain't the law great?? Well, lawyers think so...

Cheers!

Artful

neverdespairgirl

Gwhiz wrote: »

No decent solicitor would ever allow exchange with a sitting tenant.

Unless, of course, it's a BTL.

Esio_Trot_2

Disagree with many of the early posters.

Exchange as soon as you can.

The exchange will give you a completion date, with vacant possession. If the seller fails, you have the whole gambit of contract law on your side, and it will cost the seller in providing you with compensation.

If you exchange, and the tenant remains, it is not your problem - it is the sellers and you can gain financially out of this.

DVardysShadow

Esio_Trot wrote: »

Disagree with many of the early posters.

Exchange as soon as you can.

The exchange will give you a completion date, with vacant possession. If the seller fails, you have the whole gambit of contract law on your side, and it will cost the seller in providing you with compensation.

If you exchange, and the tenant remains, it is not your problem - it is the sellers and you can gain financially out of this.

Disagree with you. But you would have redeemed yourself if you had posted the risks for the buyer. Eg, moving out of one house and not being able to move into the next house because of the stubborn tenant and finding yourself homeless....

Your basic point may be correct, but you do need a plan B for not being able to move in - plus a few £1000 to cover temporary accommodation and getting the legal wheels in motion. Not advice for the ordinary punter to follow, methinks.