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Feeling guilty about 'causing' an eviction

GracieP
GracieP Posts: 1,263 Forumite
edited 17 June 2014 at 10:44PM in House buying, renting & selling
I've just gone sale agreed this week on what is close enough to my dream home. I love almost everything about it and it also ticks all the boxes my husband requested when we decided to move to my preferred location over his. The only problem is that after we agreed a price and we paid the booking deposit, the agent's next job was to serve notice to the tenants who currently live in the house.

I feel awful for them. They clearly really like the house and would prefer not to move. They have been present each time we've seen the house. The first time they hopefully asked if we were buying it as an investment. The second time, they led us around the house and pointed out each and every last flaw in the house with a clear agenda of putting us off buying it. (Though if anything this helped us as it gave us a more knowledgeable position to bid from.) The last time we viewed the house, it was clear that they had completed home improvements at a cost to themselves, in the intervening time. Including building an outside structure that will be very difficult for them to move. They really don't seem to be aware of the fact that they have to move at all.

The vendor is actually a development company who are close to bankrupt and the bank is overseeing the sale. If we don't buy it, it will ultimately be repossessed and auctioned. The house will be sold in the near future, whether or not we buy it. I'm aware that it's possible that they will refuse to move until they are evicted through the courts so will be awaiting vacant possession before committing to the purchase. But tbh, I don't believe that will happen. They suggested to us when we last spoke that they want to stay until the end of August which is fine by us. The agent has told us the notice period they are entitled to is shorter than that, I'm not sure if he's right about that, but I don't mind being reasonable about a few extra weeks, if that's what they need. They are from the continent and are used to a very different style of renting, where tenants rent long-term and maintain and alter the property to suit themselves. I don't think they really 'get' how different it is here, and I hate that I'm contributing to making them move from a home they are very clearly settled in.

Comments

  • flora48
    flora48 Posts: 644 Forumite
    Tenth Anniversary 500 Posts Combo Breaker
    You have no cause to feel guilty, you have not put the house up for sale. Have you thought through the implications of this purchase... Notice has yet to be served, 2 months in England, and the tenants need to leave, if they choose not to then it will take court proceedings to evict them. This could drag on the months. Are you prepared to proceed with this uncertainty?
  • GracieP wrote: »
    The vendor is actually a development company who are close to bankrupt and the bank is overseeing the sale. If we don't buy it, it will ultimately be repossessed and auctioned. The house will be sold in the near future, whether or not we buy it. .... I hate that I'm contributing to making them move from a home they are very clearly settled in.

    You're not contributing though because, as you've said, they are going to have to move from that house regardless. If you did not buy this house, they would still have to move out anyway. So, your 'contribution' doesn't change the end result. It's going to happen anyway.
  • franklee
    franklee Posts: 3,867 Forumite
    Part of the Furniture 1,000 Posts Photogenic
    A repossession doesn't necessarily mean the tenants would have to move as it'd likely be sold to an investor landlord IF it needed selling quickly at auction due to the time it takes to evict tenants.

    There seems to be a conflict between "They really don't seem to be aware of the fact that they have to move at all." and "They suggested to us when we last spoke that they want to stay until the end of August". It would be worth knowing which of these is true. If they knew they had to move why did they then build the outside structure etc.? It doesn't make sense. Also they would be within their rights to remove the home improvements they made providing they return the property to the condition it was in originally.

    "The agent has told us the notice period they are entitled to is shorter than that". I wouldn't take an agent's word for it they probably just say what suits them best. The landlord's notice is at least two months. So notice served this week would be mid August and then if the tenants don't leave it'll take a while to get the possession order and then if necessary bailiffs etc. That could easily add another two to four months or more if there are any mistakes in the paperwork.
  • Marvel1
    Marvel1 Posts: 7,462 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 18 June 2014 at 6:01AM
    That is the risk they took took when renting.
  • ognum
    ognum Posts: 4,879 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    GracieP wrote: »
    I've just gone sale agreed this week on what is close enough to my dream home. I love almost everything about it and it also ticks all the boxes my husband requested when we decided to move to my preferred location over his. The only problem is that after we agreed a price and we paid the booking deposit, the agent's next job was to serve notice to the tenants who currently live in the house.

    I feel awful for them. They clearly really like the house and would prefer not to move. They have been present each time we've seen the house. The first time they hopefully asked if we were buying it as an investment. The second time, they led us around the house and pointed out each and every last flaw in the house with a clear agenda of putting us off buying it. (Though if anything this helped us as it gave us a more knowledgeable position to bid from.) The last time we viewed the house, it was clear that they had completed home improvements at a cost to themselves, in the intervening time. Including building an outside structure that will be very difficult for them to move. They really don't seem to be aware of the fact that they have to move at all.

    The vendor is actually a development company who are close to bankrupt and the bank is overseeing the sale. If we don't buy it, it will ultimately be repossessed and auctioned. The house will be sold in the near future, whether or not we buy it. I'm aware that it's possible that they will refuse to move until they are evicted through the courts so will be awaiting vacant possession before committing to the purchase. But tbh, I don't believe that will happen. They suggested to us when we last spoke that they want to stay until the end of August which is fine by us. The agent has told us the notice period they are entitled to is shorter than that, I'm not sure if he's right about that, but I don't mind being reasonable about a few extra weeks, if that's what they need. They are from the continent and are used to a very different style of renting, where tenants rent long-term and maintain and alter the property to suit themselves. I don't think they really 'get' how different it is here, and I hate that I'm contributing to making them move from a home they are very clearly settled in.

    This is a business deal you have done frankly being over emotional about it is useless.

    If you had really felt this way you would not have offered on the house you would have walked away and in fact still can so why the need to be dramatic.

    You hope the tenants will move out but in fact they don't have to until there is a court order, they may just decide to stay in order to become homeless and get housing.

    I think you have a long way to go with this and being overly dramatic at this stage will not bode well for your emotions during the long haul of buying.
  • martindow
    martindow Posts: 10,626 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    GracieP wrote: »
    They suggested to us when we last spoke that they want to stay until the end of August which is fine by us. The agent has told us the notice period they are entitled to is shorter than that, I'm not sure if he's right about that,
    It's not clear whether the tenants have been given an S21 or not. If this hasn't been done then August is going to be the earliest possible date and they can choose to stay on and wait for the court to order an eviction which could add several more months.

    I would not pay any money for solicitors, surveys, etc. until you know more about the tenancy.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Does the OP even know if the tenants have an AST?

    If not it may be years before they leave.

    Or they may be on an AST with a fixed term. If the bank has authorised the tenancy (CTL or BTL mortgage) they will have to honour the fixed term.
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