Vendor hasn't given tenants notice. Any advice appreciated

Errata

It's all academic if the OP hasn't exchanged, and even then completion date can be changed either by agreement, or vendor or buyer dropping dead.

ethank

sammyjammy wrote: »

You could always get the vendor to offer a cash incentive to the tenants to leave if you're willing to fund it. No guarantee they'll go for it though.

If the vendor is selling with vacant possession, surely the vendor should be picking up the bill!

pinkshoes

Giving the tenants notice is only an invitation for them to leave. They can stay beyond this...

DO NOT exchange until the tenants have been evicted!

ethank

I think it might be different for people who are renting out my house, but my OH who was not on mortgage at my last place, had to sign the sales contract to state he would leave the property prior to completion. Would that apply to tenants?

Yorkie1

ethank wrote: »

I think it might be different for people who are renting out my house, but my OH who was not on mortgage at my last place, had to sign the sales contract to state he would leave the property prior to completion. Would that apply to tenants?

No.

You're referring to a document signed by an adult (for the sole benefit of the mortgage lender) who is not on the mortgage deed but will move into the house with the owner on completion.

This thread is about tenants who have protection under different laws.

kazwookie

The vendor must give the correct documation to the renters, if served correctly they may still not leave, giving them 3 weeks is not legal anyway.

My guess is you are in for a long wait, possibly up to 6 months while he has to go to the courts to evict them.

DominicJ_2

"- what legal documentation do we need that will confirm the tenants are definitely going to vacate? "
You dont want them to have been told to leave
You dont want them to say when they are going to leave

Do not exchange until they are gone.
And you have been round, with a camera and verified that the house is empty.
Anything else is madness.

"- given that we have email proof that he agreed to the earlier completion date can we claim against him for misrepresentation and get some of the money for the cost of having our stuff in storage?"
Probably not

Grimbal

DominicJ wrote: »

Do not exchange until they are gone.
And you have been round, with a camera and verified that the house is empty.
Anything else is madness.

agreed, and even then be aware a tenancy may still exist. We are currently buying a tenanted property & did exactly what Dominic suggests. Make sure the tenants are aware of the sale (there was a thread on here recently where they didn't) & that they have signed a form to indicate that the tenancy has been/will be ended (cant remember what the correct term for it is, sorry)

BitterAndTwisted

I think you're referring to a "mutual surrender". Even if the tenants have agreed this with the landlord they still might choose not to leave if they haven't arranged alternative accommodation.

I'd only accept the evidence of my own eyes. In any case, if the tenants are extremely disappointed in being legally evicted they could choose to demonstrate that by causing damage or leaving the place like a tip. if they do. I'd be thinking about renegoiating the selling-price with the vendor if there's going o be a cost attached to getting the place ship-shape..

In this case I would say that the buyer is being extremely naive and the vendor cynical or a downright numpty.

rpc

ml00jms wrote: »

- given that we have email proof that he agreed to the earlier completion date can we claim against him for misrepresentation and get some of the money for the cost of having our stuff in storage?

If you have exchanged and the vendor fails to complete, then yes.

If you haven't exchanged then you don't yet have a commitment to buy/sell and the vendors can do whatever they wish. (it is really really daft to give notice on your own home before you have exchanged on the new one - you could end up with nowhere as you are now finding out).

Have you exchanged?