Buying a house that has tenants in it

paddy's_mum

You've been a member here long enough to know how the thanks count works. Take a look at the tallies of many of those members who have replied to you and then ask yourself if perhaps you are being complacent.

I think that you are being naive beyond belief - I just hope it doesn't come back to you bite you in the posterior, which is both painful and highly expensive.

The only people who benefit from the kind of squabble that you so blithely think "one call" will fix are the lawyers!

Mark our words.

Dan-Dan

Yorkie1 wrote: »

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 ...

This sort of eventuality is enough to turn grey over night :eek:

kwmlondon

Look, I don't understand.

I've said that I will check the tenants are out of there before I exchange contracts.

If you read a bit further up the page you'll see that I came to this conclusion a long time ago.

I think people have got me wrong - I am not relying on my solicitor to get out any tenants. I will ensure that the place is empty.

I will go there and check that the tenants are gone.

However, I wanted to know where I stand legally. Who has responsibility for a property being vacant.

Under any circumstances.

And I found out that it's the conveyancers.

I thought it may be useful to point this out and to tell people that if they ever buy a property and are worried about a property not being vacated when they moved in that the solicitors will be able to help.

I think I've been misunderstood on this.

As I've now said many times, in response to the excellent advice I've had here, I will be ensuring that the property is vacant before I instruct my conveyancers to exchange contracts.

You've all been successful and were quite some time ago!

Stop hitting me!

Ouch!

kwmlondon

kwmlondon wrote: »

Yes, I get that. I'll be sure to make sure the place is empty before I move in. I appreciate everyone's feedback.

But I'm fairly lucky in that I know that there are tenants in there. What if I'd bought the place, been shown around when the tenants were away and never knew it was a rented property and the landlord never told the people to move out?

Does that happen?

See - this was on the previous page.

I actually listened to you all!

terryw

kwmlondon wrote: »

See - this was on the previous page.

I actually listened to you all!

Thank goodness.

45002

kwmlondon wrote: »

Hi. I'm in the process of buying a house. The seller is currently renting it out but the tenants are on a month's notice.

kwmlondon wrote: »

Eh?

(a 1993-built terraced house, can't see what could be the problem and if there is one then I won't buy it)

Kwmlondon

Do you know how long this tenant has actuality been living in the property ?

Date the tenant 1st moved in

You say the tenant is on a months notice,which sounds a bit odd

If the T is on a AST Assured short hold tenancy,going to take long than a month...

The T could have moved in before 27th February 1997 and have Assured Tenancy (no s20 served at the start of the tenancy) in that case the T doesn't have to move out at All !

kwmlondon

45002 wrote: »

Kwmlondon

Do you know how long this tenant has actuality been living in the property ?

Date the tenant 1st moved in

You say the tenant is on a months notice,which sounds a bit odd

If the T is on a AST Assured short hold tenancy,going to take long than a month...

The T could have moved in before 27th February 1997 and have Assured Tenancy (no s20 served at the start of the tenancy) in that case the T doesn't have to move out at All !

Personally, I don't care what agreement the tenants have. The only thing that matters to me is that they are out of there when I exchange contracts. All the rest is just an academic discussion.

I won't allow my solicitors to pay over any money until the property is empty so it's 100% between the landlord/seller and his tenants.

If he fails to get them out then the sale doesn't happen. I am prepared for this risk, but I really think it's a small one, and no more than buying any property as I've seen on this forum - plenty of people have sales fall through.

45002

kwmlondon wrote: »

Personally, I don't care what agreement the tenants have. The only thing that matters to me is that they are out of there when I exchange contracts. All the rest is just an academic discussion.

I won't allow my solicitors to pay over any money until the property is empty so it's 100% between the landlord/seller and his tenants.

If he fails to get them out then the sale doesn't happen. I am prepared for this risk, but I really think it's a small one, and no more than buying any property as I've seen on this forum - plenty of people have sales fall through.

I hope the sale Does fall through and cost you ....

Good luck,you need it ....

kwmlondon

45002 wrote: »

I hope the sale Does fall through and cost you ....

Good luck,you need it ....

I don't understand why the bile. Are you okay? Do you need to talk to someone? When I'm angry and rude to people it's usually because there's something bad going on in my life so I'll just say I hope you sort it out and that things get better for you.

Big hug.

ruggedtoast

kwmlondon wrote: »

Look, I don't understand.

I've said that I will check the tenants are out of there before I exchange contracts.

If you read a bit further up the page you'll see that I came to this conclusion a long time ago.

I think people have got me wrong - I am not relying on my solicitor to get out any tenants. I will ensure that the place is empty.

I will go there and check that the tenants are gone.

However, I wanted to know where I stand legally. Who has responsibility for a property being vacant.

Under any circumstances.

And I found out that it's the conveyancers.

I thought it may be useful to point this out and to tell people that if they ever buy a property and are worried about a property not being vacated when they moved in that the solicitors will be able to help.

I think I've been misunderstood on this.

As I've now said many times, in response to the excellent advice I've had here, I will be ensuring that the property is vacant before I instruct my conveyancers to exchange contracts.

You've all been successful and were quite some time ago!

Stop hitting me!

Ouch!

People are beastly on the internet aren't they?

You should see what would happen if you asked this question over on the forum hpc.co.uk.

I think the problem in your scenario is that you have split accountability. If the tenants have a valid AST then that trumps your right to move in, even if you have just bought the property. You are now their landlord and getting them out is your problem.

Although threatening to sue people which ways from Tuesday sounds great on American TV and internet forums, if you live in the UK you will find trying to actually do this a very lengthy and potentially costly process; especially if the other party vanishes or turns out to be skint.

Make sure they're out mate.