Buying a house that has tenants in it

DRP

kwmlondon wrote: »

Have just spoken to my solicitor and she's said that the seller is responsible in law for the property being vacant on the day of completion. If it's not empty it's a breach of contract and they'd begin immediate proceedings against them. Would be very expensive for the seller as I could claim some hefty compensation.

Doesn't mean I'm not going to want to check on it myself but it's reassuring to know that my solicitor has this covered.

Should be a reassurance to anyone else that if they turn up at a property they are moving into and there's someone else in there then one call to the solicitor and they will take care of it.

it doesn't really help you for the days and months it takes to get rid of the tenants though, does it?

they pay rent, they have rights by law - you can't just kick them out.

kwmlondon

sinbad182 wrote: »

'One call and they'll take care of it'

Yeah, simple as that mate!!

Well, I'm not planning to exchange until I've confirmed the property is empty, but it's useful to know who has ultimate responsibility.

I mean, say I check the place a week before I move in and it's empty, and then the next day he's moved someone in.

I now know that if he does that my solicitor will take him to the cleaners.

kwmlondon

DRP wrote: »

it doesn't really help you for the days and months it takes to get rid of the tenants though, does it?

they pay rent, they have rights by law - you can't just kick them out.

They have rights, but you'll be able to claim very, very hefty compensation while you're sorting it all out.

The seller will have signed a legally binding contract and if they break it they'll pretty much have to pay whatever costs your solicitor asks for.

terryw

kwmlondon wrote: »

They have rights, but you'll be able to claim very, very hefty compensation while you're sorting it all out.

The seller will have signed a legally binding contract and if they break it they'll pretty much have to pay whatever costs your solicitor asks for.

If you can find the seller.

sinbad182

and if the seller has the money to pay the compensation awarded.

The OP has a very simplistic outlook on things!

kwmlondon

sinbad182 wrote: »

and if the seller has the money to pay the compensation awarded.

The OP has a very simplistic outlook on things!

Well, you'd just have paid them over the cost of a house.

I mean, has anyone ever heard of someone moving into a house they thought was vacant and found people in it?

I never have. I'm assuming the reason for this is that unless you're about to leave the country then it's very much against your interests to sell a house with people in when you've signed a contract saying it's empty. Don't you think?

Better_Days

kwmlondon wrote: »

Well, you'd just have paid them over the cost of a house.

But they might be in negative equity!!

sinbad182

I have no thoughts either way on how likely it may be.

I'm not the one who started a thread because I was worried about it either, and I'm not the one buying a tenanted house.

But if I was buying a tenanted place, I wouldnt be so naive and flippant as to put down any unwanted tenants and all the issues they would bring with them as 'sorted with one call to a solicitor'.

I dont think you appreciate how long it takes and how tedious the process is to sue, claim compensation, and recover that money. That goes for nearly any large claim, not just the tenant thing you're on about which would have the eviction process added in for good measure!

DRP

kwmlondon wrote: »

They have rights, but you'll be able to claim very, very hefty compensation while you're sorting it all out.

The seller will have signed a legally binding contract and if they break it they'll pretty much have to pay whatever costs your solicitor asks for.

but you won't have anywhere to live.... and how long will these hefty costs take to come through? What if (after several months) the Judge decides the seller has to pay you the 'very hefty' sum of £20000 , but at £20 a week .... ?

Yorkie1

Not to mention the delay might mean your own mortgage offer expires, and you can't then find a replacement offer, which means you can't complete when vacant possession eventually arrives, and get sued in return ...