buying a house tenants refuse to leave help!

mrsd2012

In the email we received from the estate agent on Monday it said they are giving her until the 17th to pay her outstanding rent and to have made a start on packing her things, if this isn't done they will give her the s8 and s21 then. They also said that she has promised to leave on the 28th and if she doesn't the s8 snd s21 only give her til the 31st. I wanted to know her plans so I got the courage from somewhere (probably pregnancy hormones lol) and knocked on the door and asked her. She told me she didn't say she was leaving on the 28th and has no intention of leaving until she can find some where else. Going to ddiscuss this with our estate agent tomorrow
The estate agents are helping him with what to do as he was letting the property privately

jjlandlord

My guess is that they have played you:
They told you they were expect to move out in December but since exchange was not expected until now they just let them to stay to cash on the rent.

In any case, notice should have been served months ago, and no later than when your offer was accepted.

BitterAndTwisted

After reading what the tenant has said I'd be doing no discussing with the estate agent. I'd be telling them that you are withdrawing your offer and are not interested in dealing with their vendor until and unless they have secured vacant possession and you've been round to the property to personally confirm that it's vacant. Meanwhile your search for a suitable property continues.

Blackpool_Saver

mrsd2012 wrote: »

Thanks for your replies. Sorry I should have mentioned she is in arrears. I'm hoping she is just waiting to be served so she can take the notice to the housing association and get emergency rehousing.

Who told you that? isn't that confidential?

bebewoo

This makes no sense at all what you are being told by the estate agent. They should have given her the section 8 and/or section 21 ages ago. It is not possible for the estate agent to give serve these documents to her on the 28th and expect her to go on the 31st.

You could be waiting for months and months for her to leave.

mrsd2012

Blackpool_Saver wrote: »

Who told you that? isn't that confidential?

Our estate agent told us, I thought so too but as the tenant is not their client I'm not sure

BitterAndTwisted

None of this makes any sense as an estate-agent would know less about LL&T legislation than my cat Stanley does. Unless they are also a letting-agent but some of them know less than Stanley as well.

It doesn't make any difference, the tenant won't be going willingly. They haven't served the correct documentation. They won't be able to secure a court hearing for months after expiry and consequently the property won't be available until about summertime.

mrsd2012

BitterAndTwisted wrote: »

None of this makes any sense as an estate-agent would know less about LL&T legislation than my cat Stanley does. Unless they are also a letting-agent but some of them know less than Stanley as well.

It doesn't make any difference, the tenant won't be going willingly. They haven't served the correct documentation. They won't be able to secure a court hearing for months after expiry and consequently the property won't be available until about summertime.

haha! They do deal with lettings as well. Back to square one with house hunting it is just hope we get somewhere before baby comes in May. So frustrating

RAS

If the tenant was "moving out in December" the S21 notice should have been issued in October at the latest.

And even then, there was no guarantee the tenant would leave without a repossession order, so possibly now ish but possibly June.

Ivana_Tinkle

You don't actually need to withdraw from the sale. Just instruct your solicitor not to do any more work (doesn't sound like there's anything left to do anyway) and start looking at other properties. If you find one you like, you can decide at that point which one to go with. There's no advantage in formally withdrawing from your purchase unless you're sure you don't want to proceed - might as well keep your options open as long as possible, just in case the situation resolves itself.