Buying house with tenant in

RAS

Bloodymary wrote: »

Haven't hear back from the agent since Tuesday morning and yesterday I've received an email asking to arrange inspection of the property since we are moving out on Saturday. I called them back to ask what's going on and they told me that the buyer of the flat has actually exchanged on the property the day before and they want us out by the 10th (the original end date of our notice) so they can complete on the 14th.

Now I'm completely freaked out as they are threatening that the buyer would take the seller to court and we would be liable because we are holding up the sale and the seller will come after us etc...

The buyer can go after the seller, for the cost of renting until you move out.

The seller (your LL) cannot pursue you as s/he does not have a court order for posession.

The pair of them are dim for not understanding the law.

harrys_dad

I am sure you have nothing to fear, and no liability either. As others have said, you have a valid tenancy until a court tells you otherwise. Why on earth would anyone exchange without vacant possession, and without seeing the state of the place.

egoode

Bloodymary wrote: »

Now I'm completely freaked out as they are threatening that the buyer would take the seller to court and we would be liable because we are holding up the sale and the seller will come after us etc...

The buyer will have every right to take the seller to court if they have exchanged contracts and the seller can't complete on the agreed date because you haven't moved out. However there is nothing the landlord can do to get the money from you.

All the landlord can do is apply to the courts to get you removed which could take months before they get a court date. Personally I would sit tight, consider changing the locks so no one can come in and illegally remove you (you can change just the barrel and keep the original ones to change back when you move out). Continue progressing your purchase and exchange as soon as possible so you know for sure your new place is not going to fall through.

Good luck and let us know what happens in the end.

Bloodymary

The EA who we originally rented the flat through came up with the solution to put us in a temporary accommodation with no notice period, all bills included, and also said the LL feels really bad and offered to give us £100 towards the moving costs... so far so good you say... went to see the house which is in a convenient location to commute to work etc. Upon entering the house my hair stood up, in fact I almost got sick - and to be honest no one would have noticed because of the state of the carpets throughout - soiled beyond description... even the darkest blue carpet you can imagine had massive black stains... there were spills, splatters and other soiled patches that could have been blood and guts as far as I could tell... the doors were coming apart and the place smelled like (excuse my language) a sh**hole...

I've called the EA back up and told him that we appreciate his effort to find us a place and as much as I'd love to be a nice tenant and move out so the LL can complete on their original date there is no way in hell we'd live even for a day (let alone 25days) in these conditions to which his solution was to "steam clean the carpets" I've told him that they need to be burned and not cleaned... In fact the whole house needs to be gutted and done from scratch.

dimbo61

"Haven't hear back from the agent since Tuesday morning and yesterday I've received an email asking to arrange inspection of the property since we are moving out on Saturday. I called them back to ask what's going on and they told me that the buyer of the flat has actually exchanged on the property the day before and they want us out by the 10th (the original end date of our notice) so they can complete on the 14th."
Phone call from an Estate agent!
Wait for the court papers and do not let anyone into the property!
Change the locks and if you do get a phone call,email or letter ask for compensation in order to move!
When you are ready
Lots of Bull !!!! from Estate Agents!!!

Bluebirdman_of_Alcathays

As advised, stay put, change locks etc. Be prepared to call the police if angry people show up. Lots of people have cocked up here, you're not one of them.

Bloodymary

I'll look into changing the locks.. you're proper scaring me now! I think from now on it's best to deal with both EA sides in writing as they could deny everything I've told them and they told me so far!

RAS

Bloodymary wrote: »

I'll look into changing the locks.. you're proper scaring me now! I think from now on it's best to deal with both EA sides in writing as they could deny everything I've told them and they told me so far!

You need to replace the lock barrels - youtube for video instructions. Pu the old barrels back when you move out.

And yes keep the communications in writing or at least e-mail.

And suggest that the EA offers that house as temporary accomodation to the buyer:D?

You might want to construct a couple of short e-mails to both EAs to confirm the content of your communications today?

Bloodymary

hi all!

the saga/drama continues!

We've had a late night visit by the tipsy buyer of the flat. He came around 1a.m. and rang the buzzer for over 20 minutes. Because I didn't recognise him I thought he is calling the wrong flat and just muted the intercom but eventually he managed to get into the building and came knockin on our door.

In all fairness he had every reason to be angry for not being able to complete on the flat on the date that the EA promised they would and was freaking out that we are squatters and are refusing to move.

After we explained the situation he calmed down and we even let him in for a friendly chat. We feel really bad for him and his girlfriend especially knowing that they are also first time buyers like us looking to get on with their lives in their new home and we are the reason they can't.

I've asked the EA to help us find alternative accommodation but apart from the soiled house they thought was in normal-not-perfect-but-livable-condition they have not been of help at all.

He said that if the seller doesn't complete on the 14th they will have to pay fines for breach of contract.

Our worry now is that if the seller (our landlord) is penalised for breach of contract he will go after us e.g. not return our deposit (£1,500) or take us to court to recover other loses. Can he do this?

The rent for the upcoming month went out on the 9th by standing order (I did ask the EA the day before if we should cancel it and he said not to). Considering the fact that our notice has now ended do we still have any sort of lease or are we no longer bound by any contracts and therefore the money for the rent are no longer regarded as rent?

I'm soo freaked out right now! It's Sunday and have no idea where to seek legal advice?!

Pixie5740

You still have a tenancy so keep paying your rent. The tenancy can only be ended by you or a court.

No your LL can't come after you for any costs and fines he incurs for exchanging without vacant possession. That's his hard cheese.