Completion - a few days after previous tenants depart - cleaning & Wear / Tear?

Maidavale

I'm in the process of purchasing a property which is currently let out by the current owner.

We are in the run up to the exchange of contracts.

In my view there is a small risk that the current tenants do not leave the property in the best of condition, and that the landlord, knowing he will sell the property, will not be very strict on the cleaning / wear and tear aspects of the property.

Has anyone had this situation in the past? Is it worth inserting a clause in the contract along the lines of:

- Property must be professionally cleaned
- Any wear and tear caused by tenants must be addressed
- An inspection 3 days before completion to ensure the above has taken place

I've spoken to my solicitors and they were of the view there's nothing I can legally do without making things complex but can insert some clauses such as the above assuming the seller will accept (the agent has indicated the seller understands my concerns).

Any views or past experiences welcomed!

DVardysShadow

Don't bother with clauses, your solicitors are correct. Just wait until the property is vacant, inspect and assuming all is OK, let your solicitor exchange.

camptownraces

Maidavale wrote: »

We are in the run up to the exchange of contracts.

In my view there is a small risk that the current tenants do not leave the property in the best of condition, and that the landlord, knowing he will sell the property, will not be very strict on the cleaning / wear and tear aspects of the property.

I'd have thought that a greater risk is that the tenants don't move out when expected.

It's unwise to exchange before tenants have moved, so hope your solicitor hasn't advised this.

If it's just cleaning that's the issue, then I wouldn't worry too much, industrial/commercial cleaners can do a good job very quickly. More of a concern is deliberate damage to the fabric of the building.

tyllwyd

Are you moving in on the day you complete? If you want to be sure it is clean, I'd be inclined to ask the vendor to allow you to arrange for a cleaner to come in the day before you complete. Saves messing around inserting clauses into contracts.

dorset_nurse

Just inspect before you exchange and make sure the tennants haven't damaged anything.
You will probably want to give it a good clean when you get the keys anyway and in my experience doing it yourself with a bit of help from friends and family is much more satisfying than paying through the nose for a company to do it.
Organising a cleaner before you have the keys is just messing the vendor around who have probably got more important things to worry about than making sure you can have access to the property for your cleaner. I'd tell you where to go or expect you to exchange and complete earlier if you're in such a rush!

G_M

MUCH more important than whether the tenants leave it clean, is whether the tenants leave.....

They do not have to unless/untill the landlord gets a court order, and then court bailiffs.

Do NOT rely on promises, either by the landlord/vendor, OR his solicitor, OR the tenants, that they will leave.

They MUST have left before you Exchange, never mind Complete. Otherwise there is a risk you buy a property with tenants in place. Then
a) you become a landlord, with legal duties
b) you have nowhere to live
c) YOU have to go to court to evict them
d) your mortgage lender will not release the mortgage funds, so although obligated to buy you will have no money
e) ..... I could go on!

Check the property is empty personally before you let your solicitor exchange contracts. Worry about cleaning later. Lets face it, you always have to clean when moving!

Gwhiz

Is you solicitor letting you exchange before the proprty is vacant? Its not too clear, but I'd wait till property empty and then go for a check and only then exchange.

ruggedtoast

I consider it to be pretty risky exchanging on a property without assured vacant possession.

Yorkie1

I was going to post along the lines of G_M but (s)he has said it far more eloquently than I could!

G_M

Yorkie1 wrote: »

I was going to post along the lines of G_M but (s)he has said it far more eloquently than I could!

'He'.

And thanks.

joerugby

GM is spot on. I can't imagine your solicitor letting you exchange before there is vacant posession. Once the house is empty, inspect it and specify anything you want doing and ensure it's done before you exchange