Buying House, current tenant wants to take plumbing out

theartfullodger

As above, don't get involved with tenant: Everything through vendor. Do not exchange without vacant possession (I'd want to see an empty property from the inside in the circumstances..)

Tixy

ella_minnow wrote: »

but obviously I wouldn't want to pay anything until I knew the sale was proceeding

Don't pay her anything, now or ever.

ella_minnow wrote: »

Thanks all for replies - still no wiser about whether she is actually entitled to remove the pipes? If all goes to plan it does seem like a reasonable price.

It is quite likely that her tenancy agreement will state if she removes what she has put in then she would be required to make good the property at the end of her tenancy - putting back the old heating system that was is when she started her tenancy presumably.

anselld

ella_minnow wrote: »

still no wiser about whether she is actually entitled to remove the pipes?

Unless the LL reached some other written agreement when the systems were installed, the Tenant has the right to revert the property to the condition described in the checkin inventory from the start of the tenancy.

However, as mentioned above, the intended state of the property at the date of sale must be negotiated and agreed with the seller *not* the tenant.

G_M

I agree with the posts above about negotiating with the owner/landlord/seller as part of your purchase contract.

Not the tenant.

But I'd go further. The tenant is being forced out of their long term home. They are p*ssed off. The state they will leave the property in when they leave (IF they leave) is impossible to guarantee.

You are entering a potential nightmare.

Stop all negotiation and tell the seller you will renew negotiations once the tenant has LEFT, & then discuss price based on whether the boiler etc is/isn't there, whether a replacement boiler is installed, what condition the property is in etc.

Till then, do not plan anything. Do not spend anything on surveys, legals etc, instruct your solicitor to cease work till you tell him otherwise.

And start looking at other properties. Then see what happens.

frisbeej

And get the owner to change the locks when the tenant is out!

magpiecottage

When the tenant leaves the property will still belong to the landlord/vendor. Whether the heating is left or not is a matter between them, not you.

What you do need to do is ensure the contract between you and the vendor specifies what you will then be buying from him.

I agree with the others, though. Until the tenant is out, you ought not to proceed.

And the vendor should then change the locks - and you change them again on completion.

G_M

frisbeej wrote: »

And get the owner to change the locks when the tenant is out!

'Out' as in gone shopping, or 'out' as in moved to a new home........?

dannim12345

You offered on the property based on it having the heating that was installed - you shouldn't be offer more for it to be included... This needs to be worked out between the LL & tenant, not you.

If the tenant takes the system you either; negotiate a lower price for the property, get the owner to rectify the problem, walk away or you can just pay the agreed price.

If the heating system is included, make sure the system has the correct certificates etc. If it is removed, insist the property is checked by a gas safe contractor to ensure it is safe.

booksurr

ella_minnow wrote: »

Thanks all for replies - still no wiser about whether she is actually entitled to remove the pipes? If all goes to plan it does seem like a reasonable price.

she is "entitled" to do whatever the tenancy agreement between her and her landlord requires her to do..... Your dealings with the tenant are zero!

either: the LL gave her written permission to install the current set up or he didn't. If he did then ...
either the LL also specifically stated that the property was to be returned to its original condition (at the tenants expense) at the end of the agreement or he didn't. If he didn't then specify that then the "problem" is down to what you negotiate between your self and the LL, he is the vendor and what he sells you is down to you 2 to agree. The tenant is irrelevant to you.

or: if the LL did not give permission to install but the tenant did so anyway then the LL can sue the tenant for any costs if what remains is not exactly what is described in his contract with you. You of course sue the LL(vendor) for breach of contract you have with him. Tenant is irrelevant to you.

[Deleted User]

The thing is, yes the LL needs to sort out with the tenant what state the property will be left in, according to the tenancy agreement between them. BUT the OP has no contract as yet, due to the tenancy, they haven't even done surveys, let alone exchanged contracts.

So as others are advising, the OP needs to wait til the tenant is out and then start negotiating.