Confused...

kellye14

Thank you for all the reply so far.

For the seller's situation, the house they are going to buy is currently letting to someone else so they have to wait for their contract to finish before they can exchange/complete (i think) and they want four weeks after that to move out as they want to do work on their new house before moving in.

As for our mortgage deal, it will expired in 6 months even though the bank said they will be happy to extend for a few months afterwards if our circumstances haven't changed.

But I think all of the repliers’ comments are right - I am just going to carry on my search in the meantime. We will probably walk away from this house if they are not willing to exchange earlier as I do not think they should set the timescale at our expense (e.g might causing my son not getting into a school that we like)

hazyjo

Can be all sorts of problems when buying a tenanted property, so very wise to keep looking. I would also be withdrawing my offer until such a time as they are proceedable (as my current offer might not be the same as it would in say May/June).

They could go into rented, as above. Let it be there problem, not yours.

Good luck with your search.

Jx

Yorkie1

The sellers cannot guarantee that their tenants will actually leave on the date expected. If - and it happens rarely but it does happen - this occurs, they will have to go to court to evict the tenants. This can build a delay of up to an additional few months into the process (depending on the listing delays at the local court).

If the tenants are not leaving until July, it sounds as though they are on a 12-month contract and either there is no break clause allowing the LL to ask them to leave early, or there is but the LL is unwilling to exercise it. Have they indicated whether this is the case? I do wonder what they thought they were doing, putting the house on the market within a couple of months max of starting a 12 month tenancy.

Given the situation with the tenants, the seller is right to refuse to exchange until they have vacated.

For the seller to then expect to get 4 weeks' additional delay for their own new house is rather taking the biscuit. They can either go into rented or do the work once in.

How badly do you want this house?

kellye14

To be honest - we do love the house. It is the right size and very closed to the school that I want my son attends (0.2 miles) - unfortunately it is a popular school so anything closed to it will be gone from the market very quickly.

But school submission is our first priorty - so if they are not exchanging anytime soon it might delay our process to apply to this school.

thelem

What happens if the tenants don't move out when asked? That could add 6+ months to the process if they are particularly reluctant, or they could simply change their mind they wouldn't lose anything.

kingstreet

Realistically, you can't/shouldn't exchange while the tenants are still in situ. That means the shortest possible exchange is the day after they move out...

Yorkie1

Unless the seller gets the tenants to agree to leave early (legally!), you are not going to be exchanging until July at the earliest.

I'm a little hazy on dates for applying to schools. I think that places for September 2013 have already been allocated? So, are you looking at applying for your son to enter the school in Sept 2014? If so, when is the deadline for you to be living at an address in the catchment area?

getmore4less

Do you know where this place is, I think I would go talk to the tenants find out why they can't move sooner.

kingstreet

Yorkie1 wrote: »

Unless the seller gets the tenants to agree to leave early (legally!), you are not going to be exchanging until July at the earliest.

I'm a little hazy on dates for applying to schools. I think that places for September 2013 have already been allocated? So, are you looking at applying for your son to enter the school in Sept 2014? If so, when is the deadline for you to be living at an address in the catchment area?

Our youngun turns 11 in August, so she'll be moving schools in September this year. We've had to apply for a school by Oct 2012, with confirmation being given in March of where she'll be going.

kellye14

No I do not know where my seller is going to move to and whether her story is true or not.

The estate agent does not know anything about this either. We only found this out as we have been emailing the seller directly.

I am trying to get my son into the January 2014 intake as his birthday is just after the normal September intake and it is the waiting list I am putting him into as the admission officer from the school said the earlier we applied the better as it is a nursery place. I think the deadline is around July 2013.