Exchanging contracts before tenants have moved out

Alexei

I'm an FTB, hopefully exchanging in a couple of weeks :eek:

The house I'm buying is currently let out under an assured shorthold tenancy. The tenants should be moving out on April 5th - but we're due to exchange before this, around March 27th. Is this normal?

I'm a bit jittery about what would happen if we exchange and then they don't move out (for whatever reason). I presume it would be the vendor's responsibility to evict them - is that right? Would that mean that we would then not complete on the set date? What would happen to the house purchase in the meantime? Would the vendor be in breach of contract?

Can anyone help please?

silvercar

Totally right, vendor's responsibility to give you vacant possession. He is responsible for ensuring the tenants leave.

If he failed to fulfill his side of the contract, he would be obliged to meet your out of pocket expenses eg temporary accomodation, storage costs etc. Hopefully he would do this without the need for you to go to court.

nollag2006

So is the vendor proposing a conditional exchange? If so, you are exposed.

If you are going for a full exchange, then you have a remedy against him in the courts.

This is really something you should discuss with your solr, rather than on a webiste

Alexei

Funny you should say that nollag2006 - we would have done, but our solicitor's gone on holiday for a week at short notice :mad:

Thanks both for the advice, will get in touch with solicitor when she returns.

Alexei

Panic over :-) Having managed to get in touch with someone at the solicitors', the date of exchange had already been put back, until after the tenants have vacated the property. It would have been nice if they'd told us that before, but all's well that end well!