Concerns about lodgers

Kevie192

How have you managed to put yourselves in a position where you cannot possibly walk away when you haven't even seen the whole house ?!

TwistedPsycho

Kevie192 wrote: »

How have you managed to put yourselves in a position where you cannot possibly walk away when you haven't even seen the whole house ?!

We have seen the whole house at the first viewing, but when we had an offer accepted then that is where the problems started. Everything was going fine until we got to the point we felt we had to give our current landlord notice.... at that point it was like some magic emotional switch flicked in the vendors head knowing we had done that.

We can walk away if we absolutely have to, but it will mean moving into a hotel until we find somewhere new.

Pixie5740

TwistedPsycho wrote: »

Am I really that wrong for asking for this viewing before committing to exchange? In the last 10 weeks we have not tried to be difficult:

Viewing 1. Offered asking price on the spot.
HomeBuyer Survey.
Viewing 2. Only because surveyor was refused access to parts.
Viewing 3. Now asking for this viewing pre-exchange.

No you are not asking too much wanting another viewing before exchange since previous attempts to view the whole property have been obstructed.

TwistedPsycho wrote: »

Morning and thank you for your thoughts.

Unfortunately, we are no longer really in a position that we can walk away.

I do not think they are insisting on an exchange today; it was my solicitor who suggested that if their completion date is acceptable (it isn't) then we could exchange today.

We went through the EA to arrange the pre-exchange viewing who said that the vendor is not available until next week (why does the EA not facilitate this then?) and that the property will be completely empty at the arranged viewing. Although the solicitor is aware, I doubt there is nor much more we can do there.



The rooms that the surveyor and I were refused access to are different rooms. He revealed a few issues in the bedrooms which he believed were purely condensation; I found no issues in the room he was refused access to.

Has the surveyor not been able to view the entire property? If that's the case then don't even think about completing.

TwistedPsycho wrote: »

We have seen the whole house at the first viewing, but when we had an offer accepted then that is where the problems started. Everything was going fine until we got to the point we felt we had to give our current landlord notice.... at that point it was like some magic emotional switch flicked in the vendors head knowing we had done that.

We can walk away if we absolutely have to, but it will mean moving into a hotel until we find somewhere new.

You won't have to move into a hotel. You've seen how lengthy the buying process is, even without supposed chains so signing a 6 month AST would give you enough time to start your search again, put an offer in, and not give notice to the LL until you've exchanged.

Just forget this house and chalk it up to experience.

TwistedPsycho

Pixie5740 wrote: »

Has the surveyor not been able to view the entire property? If that's the case then don't even think about completing.

He could not see the lounge or inside the garage.
We found no issues with either, although obviously we are not experts.

You won't have to move into a hotel. You've seen how lengthy the buying process is, even without supposed chains so signing a 6 month AST would give you enough time to start your search again, put an offer in, and not give notice to the LL until you've exchanged.

Just forget this house and chalk it up to experience.

We will as we were stupid enough to give notice already. We thought that things were going well enough to do so and the LL has found new tenants to move in the day after we move out.

mrginge

TwistedPsycho wrote: »

We can walk away if we absolutely have to, but it will mean moving into a hotel until we find somewhere new.

Yes it's a tough one.

Spend hundreds of thousands on a house you don't seem to really want, taking a risk because you've been purposely denied your due diligence.
or
Go rent somewhere else for six months, not have to pay the mortgage, take the time to find somewhere that you do want.

I really have no idea what to suggest....
:doh:

TwistedPsycho

Don't get me wrong, we do really want the house; but at the same time I want to be sure that I don't spend hundreds of thousands of pounds and then find thousands more in costs we could not have foreseen because of the actions of others.

jbainbridge

The advice usually given on this forum for a those buying a rented property is for it to be vacant at exchange. What about lodgers?

When are the lodgers going to leave?

Also I seem to remember that all adults in the property sign something (contract??) to say they agree to vacate on completion.

I assume you have relayed your concerns to your solicitor - what is their advice? They should be advising you to make sure you are completely happy at 'exchange' as that is the point of no return!! So don't until you are ... so what if the vendor is ready.

TwistedPsycho

We have an assurance in the... (sorry I an commuting to work so I don't have it with me) Property Information Form(?) that was passed between the solicitors that the lodger has agreed to leave.

With everything going on as above though we have lost faith - had we have not had the issues we have then we might have not felt the need to do this additional viewing immediately prior to exchange.

When I said to my solicitor I was not happy to exchange until I have had this viewing the reply was "talk to you then" which is probably quite understandable.

princeofpounds

If the lodger(s) has a contract which gives the lodgers a set period to remain in the property then I do not believe that the lodgers can be evicted during that term?

You can kick a lodger out at any time, even with a contract. However, a LL might have to pay monetary damages if they breach a contract and are sued. That's not an issue for the buyers. Their presence is.

pmlindyloo

princeofpounds wrote: »

You can kick a lodger out at any time, even with a contract. However, a LL might have to pay monetary damages if they breach a contract and are sued. That's not an issue for the buyers. Their presence is.

Sorry, but I disagree. It is an issue for the buyer if the lodgers have a contract, have sought legal advice and been told that they can stay until the end of the fixed term. (although I agree the LL could kick them out and take their chance of being sued)

Personally I find the whole thing very strange.

If they are lodgers then their landlord has access to their bedroom (s) so why wasn't the surveyor allowed access?

Perhaps I am being paranoid but have a suspicion that they are actually tenants and the seller has told a porkie!