Worried about tenants in house i am buying

suziqqq

Hi everyone. I put in an offer on a house on the 23rd March. The house currently has tenants in situ which I never gave another thought about until recently.
My survey has not yet been done (its due on the 23rd may) When i asked why its taken 3 weeks to survey the EA told us it was due to shortage of surveyors in the SE.
Last week the EA told us they wanted to survey earlier but the tenants wouldn't allow it.
I have asked about notice to tenants several times to be told don't worry they are on a rolling contract so they will leave.
I don't know if they have even been given notice nor does the EA.
My solicitor didn't even know there were tenants in the property until I told her.
Should I be worried as i obviously know I can't exchange until they are gone.:(

ognum

You need to be asking to see evidence that the correct notices have been served to the tenants.

Do not exchange contracts until the house is empty and you have inspected the state of the property.

Do not expect the tenants to leave at the end of their tenancy so do not give in notice for the place you are living until they have left.

I am currently selling a rented property, I gave the tenants notice prior to putting the house on the market and gave them Champagne and flowers for allowing 35 viewings. I will not exchange until they have left the property.

Be very careful to ensure you do not take on a problem!

duchy

Yes you should be worried.
Rolling contract means nothing it could take months to get them out and you can't exchange sensibly until the property is vacant. (If you exchange before and they refuse to leave it makes a mountain of problems). They've already indicated they aren't happy with the situation by delaying the survey. The fact the EA is lying to you should be ringing bells.

Do you have a solicitor or a conveyencing company ? Hopefully a solicitor -and they need to finding out if notice has yet been served and when -Once the property is vacant things can move forward.

Sounds like the vendor is a buy to let landlord who is trying to have their cake and eat it attempting to keep getting rental as long as possible but ignoring the fact that serving notice does not mean tenants will leave but could hold out for court action that can take months.

suziqqq

Thanks Ognum
I am not in rented have sold my house and in a chain of 4 , TBH have not pushed as waiting for mortgage offer and then will be on the case.

mrginge

Sounds like you're being told a load of rubbish tbh. Why is the EA involved in arranging YOUR survey?

Ask the EA for the date that the s.21 expires. Until that date has passed and you have confirmed (by viewing) that the tenants have left -
Tell your solicitor to do no work.
Tell your lender to not arrange a survey.
Go look at other houses.

suziqqq

we have said this all along Duchy the landlord is being greedy.

suziqqq

what is an S21 sorry for sounding thick. The EA is not arranging my survey but the mortgage advisor at the EA did our mortgage with Halifax, It was the EA who told us when the survey was booked for albeit 4 days after they knew and only after I went to the branch.
TBH the EA is rubbish we have had a lot of probe with them

jjlandlord

suziqqq wrote: »

My solicitor didn't even know there were tenants in the property until I told her.

Solicitors don't have crystal balls and cannot guess the facts. It is for their clients to tell them.

princeofpounds

When i asked why its taken 3 weeks to survey the EA told us it was due to shortage of surveyors in the SE.

hohoho

seriously? just goes to show you why you shouldn't rely on the people trying to sell you the house to provide you with a mortgage and survey.

what is an S21 sorry for sounding thick

it is a notice that a landlord uses to notify the tenants he wants the property back. Usually it ends the tenancy, but if the tenants do not want to go or can't go then it needs to go to court - it is not in itself a notice of eviction.

If a S21 (or S8, perhaps) has not been served then the landlord is not serious at all about getting the tenants out and you are looking at least another 2 months until vacant possession can be achieved. Do make sure your solicitor knows you want vacant possession.

I would also advise you inspect the house once they have gone and before your exchange, as you could be exchanging on a house where anything has happened since your viewing.

mrginge

suziqqq wrote: »

what is an S21 sorry for sounding thick. The EA is not arranging my survey but the mortgage advisor at the EA did our mortgage with Halifax, It was the EA who told us when the survey was booked for albeit 4 days after they knew and only after I went to the branch.
TBH the EA is rubbish we have had a lot of probe with them

Ah so now you also know that your mortgage advisor is not working in your best interests aswell.

I think you need to take control of this situation.

m_13

We booked our building survey today. Two surveyors offered us 2nd June and the other could do it this week. Three weeks sounds a long time in a market where there is very little coming up for sale.