Tenants won't leave but it's not my property...yet.

stumbleine

I bought a flat at auction in November 2012 occupied by tenants who had signed an agreement with the landlord to end their rental agreement on the 1st of Jan 2013. I was well aware from reading the legal documents that completion of sale would only take place once they had vacated the property by a certain date but they are refusing to leave and there are four of them. According to the contract, if they don't leave by the end of this month the sale won't go through. Fortunately I won't lose my deposit but I really would like to purchase the flat. That said, having to pay thousands in getting these people evicted isn't an option either since it's not legally my property yet. I knew this was a risk but it seemed straightforward enough......

Paul_01

If they won't leave voluntarily (maybe consider giving them an incentive to leave?).

You don't have time to have them evicted anyway, even if you wanted to.

Thrugelmir

Seems as if the current owner was overly optimistic. Attempting to sell the property before being certain of vacant possession.

Perhaps there's more to this tale.

securityman

What would it take for them to move? £500 each. Get onto the seller and sort out a deal.

G_M

The seller was naive to try to sell a tenanted property on the 'promise' that the tenants would leave.

You were naive to try to buy a tenanted property on the 'promise' that the tenants would leave.

Kynthia

If, and that's a big if, the tenants have given notice then the tenancy has ended. Therefore on expiry of their notice the current landlord can immediately apply for a possession hearing. However even if it was granted they could wait until the bailiffs are required.

moneyistooshorttomention

Guess you have to keep up the pressure on the current owner of your flat to get those tenants out.

Have you checked out what the legal position is re supply of services - gas, electric, water to this flat. As there are no tenants living in it any longer (well - there SHOULDNT be/how could there be? - with the fact they were due out before now) then couldnt one of you say "The flat is empty now - so it doesnt need its services - cut them off".

This is where I say "check it out" as to whether you or the current owner can cut off those services on the grounds that the flat is now empty (even though it isnt - because they are squatting there illegally in effect).

If the law doesnt allow that and those tenants are the sort of people who want to have cake and eat it - by squatting on the one hand but demanding services still be supplied on the other hand - then I guess its up to the current owner of the flat to pay for his over-optimistic mistake and bribe them out (I expect thats what they are waiting for....:(). I would be pointing out to him that he had two choices - bribe those squatters out or pay me compensation for not having given me vacant possession of my flat as per promise and that it was going to cost him either way.

mrginge

moneyistooshorttomention wrote: »

Have you checked out what the legal position is re supply of services - gas, electric, water to this flat. As there are no tenants living in it any longer (well - there SHOULDNT be/how could there be? - with the fact they were due out before now) then couldnt one of you say "The flat is empty now - so it doesnt need its services - cut them off".

This is where I say "check it out" as to whether you or the current owner can cut off those services on the grounds that the flat is now empty (even though it isnt - because they are squatting there illegally in effect).

I am very much enjoying this post.

foundeachotherinthedark07

stumbleine wrote: »

I bought a flat at auction in November 2012 occupied by tenants who had signed an agreement with the landlord to end their rental agreement on the 1st of Jan 2013. I was well aware from reading the legal documents that completion of sale would only take place once they had vacated the property by a certain date but they are refusing to leave and there are four of them. According to the contract, if they don't leave by the end of this month the sale won't go through. Fortunately I won't lose my deposit but I really would like to purchase the flat. That said, having to pay thousands in getting these people evicted isn't an option either since it's not legally my property yet. I knew this was a risk but it seemed straightforward enough......

im sorry this really has nothing to do with your post, but you could tell me HOW you posted??

I do actually have some insight on property rental.

it is all about WHERE you live and the laws there.

I have three buildings I rent out to tenants in New York. One in New Jersey. The laws in New York are incredibly strict- Jersey, more lenient. Depending on where you live, I know in NY even if their lease is up, it doesn't even matter- if they don't return a new lease renewal or if you don't even SEND one, it is an automatic one year renewal.

Always be sure to have all repairs done in the apartment. If you go to court and there are repairs demanded by the tenant it will buy them more time/have another court day to satisfy a court stip saying there are renovations needed.

(I go throuhg tenant/landlord court often)

Yorkie1

foundeachotherinthedark07 wrote: »

im sorry this really has nothing to do with your post, but you could tell me HOW you posted??

I do actually have some insight on property rental.

it is all about WHERE you live and the laws there.

I have three buildings I rent out to tenants in New York. One in New Jersey. The laws in New York are incredibly strict- Jersey, more lenient. Depending on where you live, I know in NY even if their lease is up, it doesn't even matter- if they don't return a new lease renewal or if you don't even SEND one, it is an automatic one year renewal.

Always be sure to have all repairs done in the apartment. If you go to court and there are repairs demanded by the tenant it will buy them more time/have another court day to satisfy a court stip saying there are renovations needed.

(I go throuhg tenant/landlord court often)

This is a UK forum so your comments relating to tenancies and repairs are, in the main, not applicable to the OP.

Yorkie1

moneyistooshorttomention wrote: »

Guess you have to keep up the pressure on the current owner of your flat to get those tenants out.

Have you checked out what the legal position is re supply of services - gas, electric, water to this flat. As there are no tenants living in it any longer (well - there SHOULDNT be/how could there be? - with the fact they were due out before now) then couldnt one of you say "The flat is empty now - so it doesnt need its services - cut them off".

This is where I say "check it out" as to whether you or the current owner can cut off those services on the grounds that the flat is now empty (even though it isnt - because they are squatting there illegally in effect).

If the law doesnt allow that and those tenants are the sort of people who want to have cake and eat it - by squatting on the one hand but demanding services still be supplied on the other hand - then I guess its up to the current owner of the flat to pay for his over-optimistic mistake and bribe them out (I expect thats what they are waiting for....:(). I would be pointing out to him that he had two choices - bribe those squatters out or pay me compensation for not having given me vacant possession of my flat as per promise and that it was going to cost him either way.

1. They are, legally, not squatting.

2. Cutting off their services is illegal and you could find yourself charged with a criminal offence, convicted and possibly in jail or at least landed with a 4-5 figure fine.

I'm not altogether sure about the laws surrounding auctions -hopefully someone else will be able to suggest whether failure to complete on the expected date has the same consequences as in a standard sale.

Double check with your solicitor, but I do not think it is your problem to evict them, as the seller cannot complete the sale (which presumbly was with vacant possession) until he can get the tenants out.