Tenants threatening to block completion on our property purchase...

jjlandlord

bf206 wrote: »

Mind you, our landlords here haven't served us a s21 - we just agreed over email that we'd vacate on the day we suggested...

Maybe we'll just not move out of here if our purchase falls through

Your landlord does not need to serve you with a s.21 notice: if you served him with your notice to quit then the tenancy will end and if you don't leave he will be able to start court proceedings without further notice.

franklee

bf206 wrote: »

If this looks like being the case, though, what's stopping us from not withdrawing the contract after the longstop date!? It doesn't say at that point the contract's void, just that we have the right to rescind it without penalty and get the deposit back.

As you said before, your mortgage offer expires.

bf206 wrote: »

are still maintaining their line of "doing their best" to vacate when their notice is up. And they're still refusing access for us to come and measure up.

Fair enough they are paying the rent, it's their home, etc. Can I suggest you leave them alone to get on with it, moving is hard work enough without having to accommodate measuring up visits.

If you want to be doing something practical then why not ask the vendor for a copy of the tenancy agreement, section 21 and deposit information. You may as well check it over to make sure there were no mistakes. Have you asked who served the S21, was it the landlord and is he experienced? Did he get proof of posting or a witness if hand delivered? I don't know if the "vendor had told us all along that the tenants were on one month's notice" was the vendor being ignorant or deliberately stringing you along but in the light of that untruth the sooner you can spot any further trouble the sooner you can deal with it.

bf206 wrote: »

I still think it is was fair enough we thought this an unlikely scenario...

Not sure about that, there are landlords here who state the S21 doesn't give the tenant the right to move out and that they need to serve their own notice if they are on a periodic tenancy. (Don't agree with that myself, but it's amazing some landlords think moving when the S21 "asks" is wrong).

bf206

Franklee, yes we're going to try and get the mortgage extended - our broker's on the case.

We also, as people have suggested, need to get our own notice extended on our current rental - unless we do the same as these other tenants are doing...

Like I say, we've met the tenants, chatted with them, we have kids of a similar age etc. This property has been on the market since last September, which is when we first saw it too, and so we've been probably three times and had decent chats every time, with them talking about their own plans to move out and buy somewhere else. In hindsight, clearly we were wrong to be reassured by appearances.

I get they're legally entitled to do what they're doing - we just don't like it! Mind you, if has been suggested the tenants are doing this in order to force the vendor to sell to them, I might have somewhat harsher feelings towards them...

bf206

I was joking really jjlandlord...

But if the vendor/landlord of the place we're trying to buy starts his court proceedings first, maybe the tenants will be evicted before we are!?

On a serious note, I can't really see us doing this... I think.

Ulfar

You can't do what these other tenants are doing as you gave notice, your landlord can apply to the court for possession the day after your notice expires and you haven't left.

A judge at this point will have no issues with evicting you.

You have no idea when the tenants of the property you are buying will have to move out, as you have no idea if the landlord's S21 is valid. Given the way things have been handled I would have my doubts.

If this landlord gets to court and the tenant shows the s21 is invalid then your are at least 3 months delayed.

maginot

I don't know why you woud gave harsh feelings towards the tenants.
It should not be allowed for landlords to sell properties whilst tenants are present. It is annoying enough having people traipsing around your house when you are selling, but when you get no benefit apart from losing your home it is even more irritating.

The only reason this situation has occurred is because the landlord is greedy and wanted rent paid up until the day the property was sold. Also I'm surprised your solicitors did not explain the problems that could occur by having tenants!

bf206

Right, our landlord has just emailed me sympathising... He's actually a lawyer and has given lots of advice about our own legal position - although well done you lot on MSE, he's said nothing not already stated here...

Given they've not got a buyer for the house we're currently renting, he thinks there's no chance they'd be completing by the date our notice ends so is prepared to let us stay thereafter. I guess that could change if they suddenly get a buyer but we're pretty friendly with our landlords.

It's something at least.

bf206

Maginot - no, I really don't have anything against the tenants! I was just saying if they're doing this to block our purchase of the place and to 'force' the vendor to sell to them, well, that's a bit sneaky at best isn't it!?

We're tenants ourselves and for the last few weeks, we've had possible buyers trapsing round here, just as you describe. Often the agents are giving us just a few hours notice too but we're happy to help the landlords get their sale.

Anyway, I'm not trying to be anti-tenant - as one myself - I guess I'd rather focus on what the vendor should be doing to sort this out.

jjlandlord

bf206 wrote: »

I was joking really jjlandlord...

I was not...

Good luck.

bf206

Franklee, thanks for suggesting some things I can actually do rather than simply worry! I will check out the s21 has been done properly, as you and Ulfar say.

All I know is that the tenants have acknowledged being served it and confirmed that they'll "aim" to be out by the date specified. They then went on to say that they think it could take them more than two months to find somewhere, so know their rights to take it to court if they want to.

What do people think about what I should be saying to the vendor, if anything? I've just gone though the agent since this all blew up.

I guess as far as he's concerned he's served the s21, the tenants are due out before we complete and well ahead of the longstop date so why are we worrying?