Property is tenanted after vacant possession purchase! Please help!

chilli1

Hi All
Does anyone have any advice for us.
We completed on a purchase on Friday to find that there is a tenant living in 1of the rooms with a wife and child.
The contract of purchase was for vacant possession.
Where do we stand?

marksoton

Straight to your solicitor tomorrow morning.

pmlindyloo

Do you mean you have exchanged contracts and the completion date was Friday?

Where in the UK are you? Scotland? England?

What has happened so far? Have you contacted your solicitor?

molerat

What does your solicitor say ? The seller has not delivered their side of the contract and could be held liable for all costs incurred for alternative accommodation etc.

TrickyDicky101

It's about time the Christmas troll came out to post.

chilli1

pmlindyloo wrote: »

Do you mean you have exchanged contracts and the completion date was Friday?

Where in the UK are you? Scotland? England?

What has happened so far? Have you contacted your solicitor?

We completed on Friday, got the keys and the tenant was in the property, telling us that the previous owner had issued threats and cut off the electric.
The police were called previously and the tenant has nowhere else to go.
We have advised the agent and our solicitor, all this was at 4.55 friday evening.
The flat is in London
So a anxious weekend for us.

getmore4less

Did you move in?

chilli1

My son hasn't moved in and we are in London, this purchase was to reduce a 3-4 hour daily commute.

fed_up_and_stressed

Speak to the solicitor again first thing monday.

G_M

So you purchased the property as a pied a terre for your son? Not for yourselves to live in?

Move son into a hotel and claim the costs back off the sellers.

Do not accept rent from the tenants. You need good legal advice on the failure of the seller to comply with the contract, youroptions, hat you can claim etc.

But fundamentally I suspect the best option is to claim Completion did not take place and try to get your money back. Though this might involve a protracted legal battle. Meanwhile if you accept rent from the tenant you will be acknowleding ownership of the property thus admitting Completion DID take place.

The alternative is to get the tenants out and take ownership (or vice verse), but whether YOU evict (as new landlords) or the SELLER evicts, it will take time.

Do you know how long the tenants have lived there? Did you have no idea the property was let? Did you never see them at viewings?

Do you know if the sellers made any legal efforts to evict eg issue a S21 Notice - or did they just harass the tenants illegally hoping they'd go?

Who did the conveyancing? A decent solicitor, or an online bucket shop - you are going to need expert specialist help.

edit: what do you know about the sellers? Nice local couple with kids moved down the road to bigger house? Or foreign owner who has decamped overseas with your money.........? This may influence which option to pursue once your solicitor has laid out the options.

stator

Speak to your solicitor but you will essentially have to evict the tenant legally and then claim the costs off the person who sold you the house.
You should be able to claim for the increased travel costs associated with the extra commute, or claim for the cost of renting a place near by until the tenant leaves.