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Tenant delayed buying our property - do we need to refund any part of the rent?

Our tenant has been renting a house from us for over a year. She approached us offering to buy it. Shortly after we found our dream house so agreed a lower price verbally on condition of a quick sale.
We arranged a completion date of 14th November, just over a week before we were due to complete on our purchase, somewhat smugly thinking that this would get things done and dusted in good time.
On the 12th we had a phone call from our solicitor to say that the tenant had not had a survey done so no completion! Given that I had had an email from her on 21st September saying that she was awaiting a date from the surveyor, and had had no word from her since to say there was a problem (she had my email and mob no) I am pretty annoyed to say the least. We are now indirectly responsible for holding up a chain. As a result of this delay, the tenant has had to pay December's rent. If we manage to complete before the end of December, do I have to repay her any of the 'unused' rent? Ordinarily I would but an disinclined to do so here as she has messed us and the others in the chain about.
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Comments

  • bumps34 wrote: »
    ... Shortly after we found our dream house so agreed a lower price verbally on condition of a quick sale.
    .. ....
    Lower price for the dream house you are buying or for the property you are renting to the tenant??
  • We agreed a lower price for the tenant to buy or house. However I guess that doesn't really matter as it was a verbal agreement and my question is purely - as she will be renting for at least part of December, do I need to refund her for the 'unused' part of December ie when the property becomes hers? I am thinking that I don't but want to be sure.
  • Verbal agreement eh?? So no exchange of contracts, nothing in writing at all: Tell her the deal is off, evict & get a normal buyer at a better price then. Unless she buys at original price & quick about it.

    Don;t think you are required to refund rent paid. Can't recall why...

    Cheers!
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 28 November 2014 at 9:09PM
    bumps34 wrote: »
    We arranged a completion date of 14th November, just over a week before we were due to complete on our purchase, somewhat smugly thinking that this would get things done and dusted in good time.

    There's more to a property transaction that just agreeing a completion date. Completion date is the last thing on the list. As you are now finding out.

    I'm surprised the chain is ready at the top. Given it's not even complete. Where your vendors aware of your position ?
  • Hi

    Sorry - I obviously haven't worded my question very well.
    What I want to know is: if my tenant has paid rent for December and then the property she is renting becomes hers at some point during December, am I required to repay her the 'unused' part of the rent?
  • stator
    stator Posts: 7,441 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Hmm, very interesting question. I suspect you would. I would suspect that if the tenacy isn't ended officially by serving of notice then she becomes her own landlord and as landlord she may have a claim for the pro-rata rent already paid for the period she now owns the property.
    If the tenancy is ended by serving of notice then normal tenancy rules would apply, usually that rent is for whole periods only.

    However, see my signature :o
    Changing the world, one sarcastic comment at a time.
  • anselld
    anselld Posts: 8,491 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Agree with stator ... she effectively becomes her own LL on the date of completion and you would be obliged as the vendor to settle pro-rata rent with the new LL at the date of completion.
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    What's happened to make you believe a December completion is possible?
  • She has had the survey carried out and (hopefully) her mortgage will come through next week.
  • Good luck with it completing in December. I've told my solicitor I want to complete by the 19th Dec which is 3 weeks away. I'm buying from my landlord and there are no chains involved. I got my mortgage offer earlier on this week and the survey was done 2 weeks ago. My solicitor reckons 4-6 weeks which is the norm but I am pushing as everything is in place aside from searches. If your still waiting for mortgage offer for her then it's possible her solicitor won't have started searches etc

    In your case I think completing next month is very unlikely
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