Problems Viewing a House with Tenants in it

js1105

We recently viewed a house and had an offer accepted on it. However, the house is rented to young Eastern European couple and their little boy at the moment and a few problems seem to be cropping up.

The first time we viewed we met the agent there and when he knocked on the door they claimed not to have any idea that there was to be a viewing or that the house was on the market (even though there was a for sale sign outside and the landlord had told the agent that he had informed them). Ok I thought, maybe there was a miscommunication somewhere along the line. They let us in anyway and we looked around, put in an offer and had it accepted.

However, now we want to have a second viewing to do some measuring and double check over a few things and the agent has been trying to call the tenants yet they are not picking up the phone or answering any of the numerous messages that the agent is leaving. This now seems a bit suspicious when looking at it in line with the last viewing when they claimed no one had contacted them about the viewing or being on the market when they apparently had.

I'm not so worried about us having a second viewing at the moment but I am worried that trying to get a surveyer round there is going to be a nightmare if they keep ignoring calls and I'm also worried that when the seller serves them 8 weeks notice to get out then they will claim that they haven't received that or heard anything about that either! When we viewed the first time the agent did say that the property had been under offer for ages before and the buyer pulled out, I am now also worried this was because the tenants were being a pain and not letting the sale progress.

Any advice? I really love this house and don't want to lose it!

PasturesNew

They don't have to answer their phone. They don't have to let the surveyor in. They don't have to let you in.

It's not 8 weeks' notice they'd be given, it's two months, but they might be on a fixed term AST of much longer, or (if the notice missed the rent day by 1 day) it could be 3 months. And that's IF they leave. They don't have to move out on their notice day.

The tenants aren't being a pain, they're living in their home and having quiet enjoyment.

You're buying a tenanted property, from a landlord business. That's not the same as buying a home from another home owner.

ankspon

you may end up with squatters,leave it alone

BitterAndTwisted

Are you buying this property for investment purposes? If you're buying it to live in and you are buying it with a mortgage no lender will approve the funds and you won't be able to exchange contracts until the present owner can give you vacant possession.

Until then, it's the current owner's responsibility to evict the tenants and this is probably the reason why the previous buyer dropped out.

Legal eviction can take several months or even longer, depending on whether the current owner knows what they are doing and serves the documents properly.

G_M

Enfieldian wrote: »

Poor tenants....

What with him spending all day working at the hand car wash and her at the lapdancing club the last thing they probably want to do is have to show people round.....

Absolutely. They have the right to relax at home uninterrupted after their hard day/night's work.

If they have 10 months left on their 12 month contract, NOTHING legal can shift them unless they stop paying their rent.

Buy the house cash (no mortage) with the tenants in place - you'll have a nice BTL investment if the price is right.

Otherwise walk away.

RAS

I would ask the vendor some fairly simple questions.

Are the tenants on a, Assured Fixed-term Tenancy or Statutory Periodic Tenancy?

If it is an AST, when does the tenancy end? Has he protected the Deposit? Has he got a Gas Safety Certificate? Has he served an S21?

If it is a SPT, then ask if he has served notice to quit? if so, when does the notice run out?

If the notice has already run out on either rental type, what action has he taken to evict the tenants?

If yes to any of these, ask for evidence. If he declines, walk.

Then you know whether you are looking at 3 months or 11 months before the LL can get vacant possession.

The landlord has no right to arrange viewing for the house if the tenants are renting. They may as a favour agree to them at time convenient to them, but they are not obliged to let you in. The vendor sounds like a twit, but he needs to get the tenents out by due legal process.

sequence

Landlord wants the best of both worlds. Walk away right now.

Tenants have the right to not be disturbed.

tamarto

"I am now also worried this was because the tenants were being a pain and not letting the sale progress."

Why would it be the tennants fault? They rented a home now it's being sold while they still live there.

If you want to blame anyone, blame the House owner who seems to want his cake and eat it at the same time.

tbs624

js1105 wrote: »

We recently viewed a house and had an offer accepted on it. However, the house is rented to young Eastern European couple and their little boy at the moment and a few problems seem to be cropping up.

Of what relevance is the fact the couple are Eastern European?

js1105 wrote: »

The first time we viewed we met the agent there and when he knocked on the door they claimed not to have any idea that there was to be a viewing or that the house was on the market (even though there was a for sale sign outside and the landlord had told the agent that he had informed them). Ok I thought, maybe there was a miscommunication somewhere along the line. They let us in anyway and we looked around, put in an offer and had it accepted.

However, now we want to have a second viewing to do some measuring and double check over a few things and the agent has been trying to call the tenants yet they are not picking up the phone or answering any of the numerous messages that the agent is leaving. This now seems a bit suspicious when looking at it in line with the last viewing when they claimed no one had contacted them about the viewing or being on the market when they apparently had.

I'm not so worried about us having a second viewing at the moment but I am worried that trying to get a surveyer round there is going to be a nightmare if they keep ignoring calls and I'm also worried that when the seller serves them 8 weeks notice to get out then they will claim that they haven't received that or heard anything about that either! When we viewed the first time the agent did say that the property had been under offer for ages before and the buyer pulled out, I am now also worried this was because the tenants were being a pain and not letting the sale progress.

Any advice? I really love this house and don't want to lose it!

My bolding. Maybe the T really loves living there too and would prefer to do so without the LL trying to send round random viewers prior to the end of their tenancy?

What you (and the LL) need to understand is that when a T rents a property on an AST they are granted "exclusive occupation" for the duration of that tenancy.

Many LLs like to have their cake and eat it - they will actually need to have vacant possession by exchange of contracts with a potential buyer but they want to have a T in place covering their mortgage costs in the meantime and to run that right up to the wire.

As for the LL "serving them their 8 weeks notice to get out" that's not quite how it works. LL serves a notice stating that he would like to repossess his property after x date ( two months min notice which has to be either after the FT expiry date or if T on a stat periodic after two full rental periods have elapsed) T does not have to go at that point: LL has to obtain a court order to be able to evict if T decides to stay put.

As far as the Ts are probably concerned, it's you and the LA/LL who are "being a pain". They are paying rent to live there and are entitled to view it as their home.

Edi: Obviously if you have no personal knowledge of rentals then you would probably expect the vendor LL/LA to be able to correctly explain the process to you but all too often they themselves don't understand it fully or worse, they do and think they can circumvent it.

tbs624

RAS wrote: »

Are the tenants on a, Assured Fixed-term Tenancy or Statutory Periodic Tenancy?

If it is an AST, when does the tenancy end? Has he protected the Deposit? Has he got a Gas Safety Certificate? Has he served an S21?

If it is a SPT, then ask if he has served notice to quit? if so, when does the notice run out?

Have thanked your post but note NTQ not applicable to ASTs - S21 is Notice of Intent to Repossess.:)

BitterAndTwisted

Apart from the landlord wanting have their cake and eat it a further possible complication could be that the vendor cannot afford the mortgage repayments without the tenants in situ. There could be a risk of the property being repossessed before they can regain possession and you could therefore exchange contracts.

I wouldn't pay a penny on surveyors or anything else unless I saw with my own eyes that the property was vacant.