Eviction of tenants before purchasing property

G_M

* Is the tenancy in the Fixed Term? If so, when does it end? Ending the tenancy before then is only possible if the tenants agree.
* Has a S21 Notice been served? If not, that means 2 calender months before a court date can even be aplied for.
* as said above, court date can take 2-6 weeks
* Court may give tenants a couple more weeks
* tenants may still not leave- so another 3 - 6 weeks for bailiffs

And any mistakes can put the process back to square one....

Personalky, I would never spend money on my purchase (mortgage fee, survey, solicitor etc) till the tenants were actually out.

ellecarumba

It was definitely after 1999 as that is when the vendor bought the place and he lived there for at least a couple of years first.

I guess I shouldn't have trusted the estate agent when he said they had other accommodation arranged. Grrr.

Thrugelmir

ellecarumba wrote: »

I guess I shouldn't have trusted the estate agent when he said they had other accommodation arranged. Grrr.

I would suggest the vendor is the one playing games.........

As no one else in the loop appears to have been informed.

Possibly even the tenants themselves!

Kynthia

It can take as long as 10 weeks just for the bailiffs, so you really need to know what stage the process is currently at. Does the vendor use a letting agent for the rental side as they may be involved in the paperwork?

giraffe69

We bought a flat and had a delay caused by the landlord telling us that the tenants had agreed to move and they hadn't. A section 21 was issued but in the end the owner wanted to sell quickly and gave tenants some money to go quickly which they then did. We wouldn't exchange though until we knew they had gone and that the flat wasn't trashed. If an when it happens arrange an inspection before you exchange.

ellecarumba

Hello - quick update in case anyone is interested.

Eventually found out some details. It is section 21. They've applied for accelerated possession procedure. Tenant was served 31 December and has 14 days to submit defence (so 14 January presumably).

Then I hope the possession order can be made fairly quickly if no defence lodged?

The estate agent says the tenant wants to be evicted as is hoping for council housing. So I assume that means she won't lodge a defence but also that the council might encourage her to stay until the very last minute in order to save themselves some money on emergency housing costs.

Hopefully he has filed the notice correctly and the deposit is protected and everything else. The vendor did that bit himself so his solicitor was not involved in filing the paperwork but is taking over managing the procedure from now.

harrys_dad

You may find this link helpful https://www.gov.uk/evicting-tenants/accelerated-possession

It does suggest that even if the judge gives possession then "If this will cause them exceptional hardship, the judge may give them up to 42 days to leave." If they are expecting to be housed as homeless then the judge may consider this to apply.

thesaint

harrys_dad wrote: »

You may find this link helpful https://www.gov.uk/evicting-tenants/accelerated-possession

It does suggest that even if the judge gives possession then "If this will cause them exceptional hardship, the judge may give them up to 42 days to leave." If they are expecting to be housed as homeless then the judge may consider this to apply.

This tends to apply IF the tenant sends the paperwork back stating it will cause exceptional hardship.
I have never known a judge to grant it in any other case, as he would have absolutely no idea what the tenants circumstances are.

19lottie82

Suggest to the seller that a cash "sweetener" to tempt the tenant to leave is usually a lot easier and quicker than going through the courts.

BitterAndTwisted

If the tenant is intent on getting support or re-housing from the Local Authority they won't be going quietly and will most likely have to stay in the property until court-appointed bailiffs are at the door.

You could still be waiting for exchange by Easter-time.