Recently brough a flat

ValHaller

paddy's_mum wrote: »

But surely the sellers have failed to complete as per the contract terms and are therefore in breach of contract. If the ownership of the flat has not yet passed to the OP, how can he take on the mantle of landlord?

The problem is that OP has handed his money over. I would like to think he would get it back until this is sorted. But if it is not forthcoming, you are right, the mortgage lender will blow a fuse and may well force the issue with a pragmatic decision that it is better to have a security on the property than have no security and no money back either. I really don't know.

If OP's hand is forced by the mortgage lender, I think he would have very little option but to go along for the ride and be a Landlord. Hopefully he will have had some answers today and will update us soon.

kingstreet

The purchaser's solicitor will have taken an undertaking from the vendor's solicitor that vacant possession was being offered on completion.

The purchaser needs to inform his solicitor that the vendor is in breach of contract and his solicitor was culpable.

Although it may have been prudent for the purchaser to visit the property before exchange of contracts, the solicitor's undertaking is the rock on which exchange and completion have taken place.

loubel

Daniel1987i wrote: »

Hi I've recently brought a flat. On Friday I went to pick the keys up to finally move in to find someone was living there. I was told the property would be vacated. The site manager has given me another flat to move into for the time being. Am I due any compensation

Did you tell your solicitor that the property had tenants in it? Did the seller declare the tenants on the Seller's Property Information Form? If your solicitors knew the property was tenanted they should have explained what this meant for you and if they didn't then you should certainly raise this with them.

As you exchanged with tenants still in place you should have been advised to check the property on the morning of completion to ensure it was empty. Had you done so you would have been able to refuse to complete until the tenants left and your seller would have been liable for your costs resulting from the delay.

As you completed with tenants in place things have become more complicated as you are now their landlord and will be in breach of your residential mortgage terms. You should contact your solicitors immediately, if you haven't already, to explain the situation and see if they can help you to sort things out. But it could take a long time.

egoode

Daniel1987i wrote: »

I think the site management are willing to compensate him and me for the c0ck up. They even asked me how I can be compensated. I think the tenant will be willing to move flats if the site managers give him a months rent free. I'm just concerned whether he has a change of heart.

Don't commit to any settlement, as others have said let your solicitors know what has happened and let them guide you as to what compensation you should be getting and how to proceed from here.

You are lucky that at least the previous owner is working on resolving the situation. There was a post earlier this year about someone that completed on a flat and found tenets still in the flat. It turned out they had been victims of some kind of property scam.