Tenant still in property!

majordadon

Hi everyone.

I've recently purchased a property which was used to let out individual rooms, I was informed by the owner that the notice has been given and they will all be out before completion has been done. Exchange of contract has been completed and I am just waiting on completion. Yesterday I visited the house and noticed there are still two tenants there and the landlord is saying they will be out within a few days but I don't trust him and was just wandering is there any way to hold off the completion until I'm completely satisfied that the tenants are gone? because my assumption is that the landlord is waiting for completion then will have nothing do with it and it will be a hassle for me to get them out by going through court.

Thanks

maninthestreet

So, what does your solicitor say about this?

quidsy

Make it a condition of completion that the property is empty for completing. On the day the current owner says it is empy arrange a viewing to ensure all is in order. Only once you are happy the property is unoccupied & in good condition do you complete.

You were very foolish to exchange whilst tenants were in-situ & I am very surprised your solicitor didn't raise it as an issue at exchange.

majordadon

My solicitor has said that the completion will be done automatically on the 17th. I only exchanged because I thought that I will need to sign the completion before funds are transferred, yes very foolish on my part.

quidsy

The completion should not be "automatic" it is agreed when you agree. Tell your solicitor that you do not agree to the completion until the tenants are out. Your solicitor sounds like an idiot and/or you ignored previous advice against exchanging. Either way, you needs to act now. The solicitor works for you.

quidsy

Presumably ? there was a note that condition of sale was based on property being empty? Did your solicitor advise against exchanging until it was empty & you ignored this or did they discuss the implications of exchange without ensuring property was empty?

majordadon

There was a condition of sale that property has to be empty before completing, I was informed a notice has been given for tenants to be leave 4 weeks ago and they were originally supposed to leave yesterday but when I went there 2 of the rooms were still occupied. So when I spoke to the 'landlord' he said they need a few more days and will be out by Saturday. My solicitor who I have been dealing with has been great but he went on holiday a week ago and now I am dealing with his team and they don't know what they are doing to be frank. When I rang them this morning to ask the same question about completing only once empty they said that it will be automatic on the 17th which does seem weird. I don't know what to do!

quidsy

Phone them back, ask to speak to whomever is in charge & express your concern at their lack of assistance at this stressful time & that in no circumstances should the purchase complete until the property is empty, as per conditions of the sale. These people work for you, start taking control.

Then put that in writing, address it to the person in charge & have it delivered recorded delivery.

timbo58

'condition of sale that property has to be empty before completing'

If this is so then to transfer funds without this being true would void the contract surely?

majordadon

Thanks for all the advice I will speak to my solicitor thoroughly and keep this thread updated.

SerialRenter

Are you sure they're tenants and not lodgers?

Lodgers have very few rights and can be evicted on short notice without requiring the use of a court.

However tenants, assuming a standard AST would require 2 months notice(not 4 weeks!), however that is only a notice to seek possession, not gain possession so the tenants are under no obligation to leave at the end of the notice period.
That would require either:
Court action to regain possession, assuming a valid s21 was served.
The tenant mutually agreeing to end their tenancy with the landlord.

If your seller hasn't done this properly then it could be very difficult to evict the tenants shortly. It'd basically come down to the seller having to offer them financial incentives to leave, else the seller would be in breach of your agreement.