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Buying House - Tenant refusing to leave...

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Comments

  • Missko
    Missko Posts: 253 Forumite
    edited 16 June 2015 at 9:55PM
    Error.
    Error.
    Credit Card £4350 @ 0% until October 2015
  • DTDfanBoy
    DTDfanBoy Posts: 1,704 Forumite
    Missko wrote: »


    If it's any help, I believe that you can sue for breach of contract for not being given vacant possession...


    Good luck!

    The OP will need a bit more than luck to sue for breach of contract :rotfl:
  • Missko
    Missko Posts: 253 Forumite
    edited 16 June 2015 at 9:24PM
    Error.
    Error.
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  • DTDfanBoy
    DTDfanBoy Posts: 1,704 Forumite
    Missko wrote: »
    DTD - please explain? For those of us who are ignorant?
    Thanks in advance!

    As the OP has not exchanged contracts there is nothing to breach ;)
  • jamesd
    jamesd Posts: 26,103 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    No exchange of contract yet, so no contract to break.

    Even after exchange the remedy isn't initially suing for breach of contract, it's following the notice to complete process, with that then potentially moving on to seeking possibly substantial money payments. For example, a seller in a property market that was rising could become liable for the difference between the higher price paid for an alternative property bought later and the contracted price on the original property.
  • Missko
    Missko Posts: 253 Forumite
    edited 16 June 2015 at 9:24PM
    Error.
    Error.
    Credit Card £4350 @ 0% until October 2015
  • Missko
    Missko Posts: 253 Forumite
    edited 16 June 2015 at 9:25PM
    Error.
    Error.
    Credit Card £4350 @ 0% until October 2015
  • DTDfanBoy
    DTDfanBoy Posts: 1,704 Forumite
    Missko wrote: »
    Ah, sorry, so the idea is that one shouldn't even make an OFFER on house, never mind exchange!!


    (Reread the thread!)

    The idea is that no one should make an offer on a tenanted property without taking into account how long it can take to remove the tenant ;)

    Had the OP spent two minutes on Google they may have had a better understanding of what they were getting themselves into.

    If I was the OP I'd be double checking that a valid notice has been served, if one hasn't they could be in for quite a wait :eek:
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    Missko wrote: »
    Ah, sorry, so the idea is that one shouldn't even make an OFFER on house, never mind exchange!!


    (Reread the thread!)

    Exactly. The OP has taken a risk by puttng in an offer and paying out for solicitors and surveys whilst there is a sitting tenant.

    The vendor has done well to keep the OP dangling on whilst minimising the rental void period. In other words the vendor is trying to have his cake and eat it.

    Now when the tenant finally leaves, and just before exchange, the OP could take another risk and say to the vendor, "I've been thinking and this property is worth £5k less than my original offer so now I'm only willing to pay £Xk." It's a total gamble as to whether the vendor will accept a rental void whilst finding a new buyer or if the vendor would be willing to bend over and take it though.
  • Pixie5740 wrote: »

    OP, you have no control over when this tenancy ends. There is nothing you can do to expidite this matter.

    OP, you still have the get that darn tenant kicked out by insisting on vacant possession and then pulling out of the whole deal really late option :D.

    That'll expedite it.
    Mornië utulië
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