Concerns about lodgers

princeofpounds

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)

Rather than simply assert your disagreement, it might be helpful to explain your disagreement. Because it sounds to me like you are confused between a tenancy and a license to occupy.

I will repeat again - the LL can get lodgers out if they want to at any point. They may have a liability to those lodgers if they breach a contract. The lodgers are not a problem for the buyer, as long as they are not in occupation on completion (and, for practical reasons, preferably by exchange).

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

However, I do share this suspicion, which would change a lot.

TwistedPsycho

pmlindyloo wrote: »

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!

I think that there has been a bit of confusion here... let me explain a bit.

Viewing 1 - with EA and vendor - all good
Survey - lodger refused access to lounge and garage (latter is not a big issue as it is not attached to property) other rooms inspected okay
Viewing 2 - vendor refused access to 3 of the 4 bedrooms

I am very sure that the person who was introduced as the vendor is just that. I am also sure that the vendor lives in the house and the lodger is so.

Deep down I did not think that the vendor is being deliberately problematic; but with this weeks delays I just do not know anymore.

pmlindyloo

princeofpounds wrote: »

Rather than simply assert your disagreement, it might be helpful to explain your disagreement. Because it sounds to me like you are confused between a tenancy and a license to occupy.

I will repeat again - the LL can get lodgers out if they want to at any point. They may have a liability to those lodgers if they breach a contract. The lodgers are not a problem for the buyer, as long as they are not in occupation on completion (and, for practical reasons, preferably by exchange).



However, I do share this suspicion, which would change a lot.

I am not confused between a tenancy and a licence to occupy hence my link to the CAB website.

I was suggesting that if the lodger has a contract (not a tenancy agreement) for a fixed term then, in theory, the landlord would be breaking that contract.

If the lodger has sought legal advice and been told that the LL cannot get them out during the fixed term of the contract then it is possible that the landlord does not want to break the contract and then be in danger of being taken to court and so is relying on the lodger's good will.

I agree that it is up to the seller to sort out this problem.

I was only pointing out that the seller's possible reluctance to sort out this problem does have an impact on the OP (hence many people suggesting the OP walks away)

princeofpounds

If the lodger has sought legal advice and been told that the LL cannot get them out during the fixed term of the contract then it is possible that the landlord does not want to break the contract and then be in danger of being taken to court and so is relying on the lodger's good will.

Ah, right, from the way you wrote it, it sounded like you thought the court would protect their occupation of the house, which it would not.

It would be a strange landlord who didn't want to break a lodging agreement and also exchanged on a house at the same time.

Certainly the penalty for breaking the lodgin agreement over the completion is likely to be much less.

PZH

TwistedPsycho wrote: »

Viewing 1 - with EA and vendor - all good Fair Enough
Survey - lodger refused access to lounge and garage (latter is not a big issue as it is not attached to property irrelevant - it comes as part of the purchase and should be checked... Unless you plan on knocking it down anyway?) other rooms inspected okay I would have walked away as, personally, I think they DO have something to hide
Viewing 2 - vendor refused access to 3 of the 4 bedrooms See above comment - but run rather than walk

See my comments above in RED

Personally, if you are still set on buying it, I would now spend the extra ££'s and get a FULL and COMPLETE survey carried out. Any refusal of this by the vendor, then run away, very fast.

TwistedPsycho

I see where you are coming from PZH, but I am not going to find a rental property in the next 14 days and be able to move in.

I have left myself caught short and I know, I only have myself to blame. I do not see any way out other than buying the house now though.

carefullycautious

Caveat Emptor - Let the buyer beware


This is the biggest acquisition of your life.

Cissi

TwistedPsycho wrote: »

I see where you are coming from PZH, but I am not going to find a rental property in the next 14 days and be able to move in.

I have left myself caught short and I know, I only have myself to blame. I do not see any way out other than buying the house now though.

You seem determined to go through with this no matter what. Fair enough - your choice. Hopefully you won't be back here after completion with questions about tenants (who you thought were lodgers) who refuse to move out, hidden structural problems etc...


But I'm not sure why you started the thread in the first place if your mind was already made up?

TwistedPsycho

Hi Cissi,

I started this thread a month ago when I did not know what was going to happen. In fact, despite what you think I am not still mind made up on the matter and I am already looking within the local 30 miles of where we are at the monent proceeding to buy.

I will not make the decision until our pre-exchange viewing this week. I have taken on board what people have written above and if I think that we should pull out then we will. The promise from the EA is that the vendor is moving out this weekend so the property will in fact be bare so there should not be any of the access issues; which is all I really wanted from day 1!

PZH

TwistedPsycho wrote: »

....promise from the EA is ....

...a contradiction in terms

Believe it when you see it. Also bare in mind that the vendor, and potentially, the Lodger, still have keys until completion.

OP - I really do wish it all goes well for you. :beer: