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Comments

  • densol_2
    densol_2 Posts: 1,189 Forumite
    Eejay wrote: »
    Yeah, it's the details about the tenants... :o However they have stated at the end of page 12 that there are other people living there which is an improvement on last time. The solicitor is going to get them to do that page - I don't understand why it's been left twice now but it will be covered in the contract too so they can't avoid it forever.

    It's been left out twice now as it's the main problem and they hope you will miss it ?
    Stuck on the carousel in Disneyland's Fantasyland :D

    I live under a bridge in England
    Been a member for ten years.
    Retired in 2015 ( ill health ) Actuary for legal services.
  • Ivana_Tinkle
    Ivana_Tinkle Posts: 857 Forumite
    Eejay wrote: »
    The EA has told us several times that it's a 2 month notice period, but of course it depends on the day of the month as to whether it takes a little longer than that. The solicitor has seen a copy of the tenancy agreement according to the EA - not sure if they actually have, but it's just one of the risks we're prepared to take. I don't particularly trust the EA, but I can't see any benefit to them making these 'facts' up - if the sale doesn't go through, they don't get paid.

    Now I'm convinced this is a troll thread.

    The same EA who's told you that people regularly exchange on properties with tenants still in?

    How do you know they don't get paid until the sale completes? Many (most?) EA contracts have fees due on exchange - gosh, it's almost as if they just want you to exchange no matter what and don't care whether completion ever happens, isn't it?

    If this is for real, you've gone way beyond stupidity and are bordering on self-harm. That does mean it's going to be a very entertaining thread though.
  • Eejay
    Eejay Posts: 333 Forumite
    densol wrote: »
    It's been left out twice now as it's the main problem and they hope you will miss it ?
    "Are all the pages there?" was the first thing I asked the solicitor when she said she had the form, and she said she'd noticed 13 was missing again. She's going to chase it up, and I also pointed it out to the EA so she is aware that we're not happy about that one. They know we absolutely cannot go ahead unless the tenants are out because it's a residential mortgage and the funds will not be released, so it seems like a huge waste of the vendor's time if we can't complete. Don't suppose he'd be too happy.
    If this is for real, you've gone way beyond stupidity and are bordering on self-harm. That does mean it's going to be a very entertaining thread though.
    You sound like a delightful person :p
  • ognum
    ognum Posts: 4,879 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Eejay wrote: »
    The EA has told us several times that it's a 2 month notice period, but of course it depends on the day of the month as to whether it takes a little longer than that. The solicitor has seen a copy of the tenancy agreement according to the EA - not sure if they actually have, but it's just one of the risks we're prepared to take. I don't particularly trust the EA, but I can't see any benefit to them making these 'facts' up - if the sale doesn't go through, they don't get paid.

    How do you know they do not have an agreement that allows them tenure for longer?

    how do you know they will move and not just stay?

    How do you know what state the house will be in?

    Once you've exchanged it isn't the vendors problem it is your problem, most sane people do not buy into this kind of problem.

    OP if you send me your spare cash I will send you some squirrels!!!!!,
  • Eejay
    Eejay Posts: 333 Forumite
    ognum wrote: »
    How do you know they do not have an agreement that allows them tenure for longer?

    how do you know they will move and not just stay?

    How do you know what state the house will be in?

    Once you've exchanged it isn't the vendors problem it is your problem, most sane people do not buy into this kind of problem.

    OP if you send me your spare cash I will send you some squirrels!!!!!,
    Thanks for the offer of the squirrels, but I don't have a garden at the moment :(

    Obviously the questions are unanswerable; the tenants need to be out before we can complete but if the place is trashed then I'll be blaming my husband for being so determined to get it! I can't imagine they'd wreck it so badly that we couldn't sort it out though - we want to redecorate, replace carpets, knock the kitchen/dining room into one and the bathroom/toilet... We don't need the place spotless because it'll be a complete tip whilst we get the work carried out, so unless they've taken a sledgehammer to it then we should be okay. I guess we'd know soon enough though when we get the bus past... "OMG where've the windows gone?!" :rotfl: To be fair though, even in a 'normal' scenario, couldn't the vendor destroy the place between exchange and completion?

    My husband and I are always being told our behaviour is inappropriate - I can imagine now how we'd react if it all went wrong. We'd be making bad jokes about it for weeks! My husband once got into trouble at work for calling someone "sh**head" in Wingdings via email (him and his colleague were always messing on and teasing each other, but months later it turned out the colleague had been keeping a record of everything to one day use against him for absolutely no reason) - at the time he was pretty mad about it, but even as he repeated the story to me when he got home he couldn't help but laugh about it. Whoever was dealing with the issue had a printout of the email in front of them, with that one word written on it in big writing (they'd 'translated' it!)! He left a short while later for a new job which was awkward hours and turned out to be really rubbish. He had his mobile phone snatched from his hand on the way home one day (he was getting home quite late and it was winter so very dark/quiet - he's been a lot more cautious since), and then ended up having his probationary period ended after only a couple of weeks - the whole thing was a nightmare at the time, but it didn't take us long to see the funny side of that either. People who have made comments on here along the lines of us having completely lost the plot are probably right!
  • harrys_dad
    harrys_dad Posts: 1,997 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I have been away for ten days so have just seen this thread and read it from start to finish. Congratulations to everyone who keeps posting advice that the OP chooses to ignore. There is a contradiction though, in that the EA keeps complaining about the OP "delaying", and the OP saying they have a rental contract until Feb 2015. So, exchange takes place soon, tenant is given notice, tenant moves out (maybe :) ), but OP cannot complete until Feb 2015 or has to pay rent until then as well?

    There is something very wrong here.
  • Eejay
    Eejay Posts: 333 Forumite
    harrys_dad wrote: »
    I have been away for ten days so have just seen this thread and read it from start to finish. Congratulations to everyone who keeps posting advice that the OP chooses to ignore. There is a contradiction though, in that the EA keeps complaining about the OP "delaying", and the OP saying they have a rental contract until Feb 2015. So, exchange takes place soon, tenant is given notice, tenant moves out (maybe :) ), but OP cannot complete until Feb 2015 or has to pay rent until then as well?

    There is something very wrong here.
    I haven't ignored the advice - I've read it, discussed it with my husband and we've reached decisions based on what we've been told on the forum and by 'real life' people involved with the purchase. That's what forums are for - people share their opinions, but I don't have to do what strangers tell me to. It also doesn't mean I haven't taken notice of their advice (or abuse, in some cases lol).

    The EA has realised it's the bank causing most of the delays, not us. We could have done things a little bit quicker but I think we're on better terms now.

    How have you come to the conclusion we can't complete until February 2015? We were planning on having this place sorted by August/September (no chance of August now, but maybe September) to give us several months to get it decorated etc. I don't want to be pooping in a bucket whilst they do the bathroom up, or constantly having to dodge freshly painted walls!
  • franklee
    franklee Posts: 3,867 Forumite
    Part of the Furniture 1,000 Posts Photogenic
    Eejay wrote: »
    To be fair though, even in a 'normal' scenario, couldn't the vendor destroy the place between exchange and completion?
    The vendor has an interest in the sale going through sucessfully. A tenant doesn't. A tenant hasn't chosen to move so the timing may be difficult for them. A tenant wanting council assistance shouldn't make themselves voluntarily homeless. I could go on but all this is standard and well documented elsewhere.

    Can you get buildings insurance that allows for the tenant to be there? You need to insure from exchange of contacts. Normally a landlord would get insurance designed for landlords but you're not the landlord. If the tenant doesn't vacate on time will the insurance still be OK?
  • Eejay
    Eejay Posts: 333 Forumite
    franklee wrote: »
    The vendor has an interest in the sale going through sucessfully. A tenant doesn't. A tenant hasn't chosen to move so the timing may be difficult for them. A tenant wanting council assistance shouldn't make themselves voluntarily homeless. I could go on but all this is standard and well documented elsewhere.

    Can you get buildings insurance that allows for the tenant to be there? You need to insure from exchange of contacts. Normally a landlord would get insurance designed for landlords but you're not the landlord. If the tenant doesn't vacate on time will the insurance still be OK?
    Not sure, that is something we will have to look into but I have mentioned it to my husband so he is aware it may be an issue (see, I did take notice of advice! :) ).

    The tenants are in the process of buying somewhere - the man told us that himself when we went for the viewing. He said the property wasn't big enough for his family any more and they'd been planning on going anyway. The EA told me yesterday that the first place they had lined up fell through since then, but they've found somewhere new. I said to the EA I'd rather not 'kick them out' until they are ready to go but she said two months is all they'll need - and they might even give their notice first.
  • Yorkie1
    Yorkie1 Posts: 12,250 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    OP, given that you refuse to take on board any of the advice given on here, I wonder why you continue to post. And I wonder why others continue to offer opinions which will be ignored.
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