Buying House - Tenant refusing to leave...

movilogo

Is it worth the hassle sticking with this house. We have a very similar priced one around the corner we can see on Friday...

Walk away. There is always a better house around. Unless you see proof that tenants have moved, don't even think of exchanging contracts.

MattinLondon

Pixie5740 wrote: »

You have no idea what the tenant's circumstances are or what advice they may have received from the council. This property is still there home until either they, or a court, end the tenancy.

I'm blaming no one other than this tenant. She's had 2 months notice. I don't care what her circumstances are - has she ever enquired about our circumstances?

Out,_Vile_Jelly

MattinLondon wrote: »

I'm blaming no one other than this tenant. She's had 2 months notice. I don't care what her circumstances are - has she ever enquired about our circumstances?

Your circumstances are that you chose to proceed with purchasing a property that does not have vacant possession. What did your solicitor say when you told them this?

SerialRenter

I don't know about you, but if i'm settled i don't really like being forced to move. Especially if it's just for benefit of someone i've never met.

Moving between rentals is not cheap, estate agent fee's & van hire, time & effort moving phone, internet and utilities contracts and changing all of your documentation and telling all of your friends.

But i guess they should just roll over. After all it's the landlords house and it should be illegal for tenants to be allowed to feel at home anywhere and should be kept in a constant fear of eviction.
/sarcasm

G_M

MattinLondon wrote: »

I'm blaming no one other than this tenant. She's had 2 months notice. I don't care what her circumstances are - has she ever enquired about our circumstances?

There she was, living her life, happily settled in her home, and trying to get the kids to school on time.

Along you come, and decide to end that. You, not she, changed things.

No sensible buyer progresses a purchase with a tenant in situ. Personally I wouldn't spend a penny on legal fees, mortgage application, survey etc until the poperty was empty and I knew it was a viable vacant purchase with as few potential issues as possible.

I certanly wouldn't be stupid enough to Exchange Contracts.......

jjlandlord

MattinLondon wrote: »

Is it likely to take several months? The mortgage offer runs out in March...

If everything is in order and he gets on with it ASAP, it should in principle be sorted before your mortgage offer expires.

I would tell the seller that you won't exchange or incur any more expense until the tenant is out, and I would give him a clear deadline for this to have happened.

Probably a good idea to keep looking for other properties in the meantime, just in case.

Bluebirdman_of_Alcathays

MattinLondon wrote: »

I'm blaming no one other than this tenant. She's had 2 months notice. I don't care what her circumstances are - has she ever enquired about our circumstances?

Then you're a fool.

As previously advised, only the tenant or a court can end the tenancy. Not the LL, and certainly not you.

If you're looking for someone to blame, that lies squarely with the current LL trying to sell with tenants in situ.

Personally, I'd just walk away and calm down, have a pint, and look for another property.

fairy_lights

MattinLondon wrote: »

I'm blaming no one other than this tenant. She's had 2 months notice. I don't care what her circumstances are - has she ever enquired about our circumstances?

Two months notice isn't really a very long time to get your head round the idea that you need to move, find somewhere suitable, save up to pay for a new deposit and all the agency fees, arrange a removal van...and presumably the tenant is still going to work and living her life everyday and can't just move at the drop of a hat.
Why should the tenant care about your circumstances? you're a complete stranger who she's never met but are in the fortunate position that you can afford to buy her house, while she has no choice in the matter.

Pixie5740

MattinLondon wrote: »

I'm blaming no one other than this tenant. She's had 2 months notice. I don't care what her circumstances are - has she ever enquired about our circumstances?

YOU chose to make an offer on a property with a sitting tenant so really you only have yourself to blame for being such a silly sausage in the first place.

Why would the tenant care what your circumstances are? The tenant is living her life in her home because it is you know, her home. Now because the LL wants to sell she has to find somewhere else to live...eventually. She has enough on her plate without your tantrums.

All she has received so far (assuming the current owner and/or the estate agent aren't telling porky pies) is notice (might valid, might not be, place bets now) that the LL wants to gain possession of the property again, not that she has to move within 2 months.

This is something you have no control over so there's no point getting yourself worked up about it. Relax, start looking at other properties, and just go with the flow.

jjlandlord

Why being so hard on OP?

If the tenant has received formal notice because his landlord is selling with vacant possession then he will have to leave sooner than later.
Forcing the landlord to go to court will do one thing: Cost the tenant hundreds of pounds.

Or, as it seems in this case, the council is cynically playing the system by telling the tenant to stay put for as long as possible.

It is not completely wrong to blame the tenant or (in fact) the council.