Buying a flat but tenants aren't leaving

Aplily

Hi everyone, I need a bit of advice.

We are buying a flat and it has tenants in it that are reluctant to leave, They were made aware that the flat was for sale when they moved in, were told that it was a temporary tenancy & could stay there until the flat was sold.
The section 21 has been served and the 2 months expired at the beginning of July.

The vendor is offering to pay the deposit on a new flat for them and will pay for the removal company but they are saying that they have nowhere to go.

The flat we are renting is now up for sale and we won't have anywhere to live if it gets sold.

He has now instructed the courts to begin eviction proceedings. How long does it normally take for this to be done?

Also, do we have any rights as buyers?

Any advice would be appreciated, thanks in advance

pinkshoes

Aplily wrote: »

Hi everyone, I need a bit of advice.

We are buying a flat and it has tenants in it that are reluctant to leave, They were made aware that the flat was for sale when they moved in, were told that it was a temporary tenancy & could stay there until the flat was sold.
The section 21 has been served and the 2 months expired at the beginning of July.

The vendor is offering to pay the deposit on a new flat for them and will pay for the removal company but they are saying that they have nowhere to go.

The flat we are renting is now up for sale and we won't have anywhere to live if it gets sold.

He has now instructed the courts to begin eviction proceedings. How long does it normally take for this to be done?

Also, do we have any rights as buyers?

Any advice would be appreciated, thanks in advance

If he has started eviction procedure, then this will happen before you get evicted, so stop panicking!

Just DO NOT exchange contracts until the property is vacant!!

Aplily

Yea we have been advised that we won't be exchanging until the property is empty. This has been going on for 5 months now so just needed a bit of info on how long court proceedings take. Am not panicking, just wanted to get a bit of information/advice

marksoton

Could take a few months, but as you've been advised no exchange until confirmed vacant possession.

theartfullodger

Why should the tenants leave?? An s21 does not end a tenancy, nor require the tenant to leave.

Further, many s21s are invalid (I've seen a survey suggesting 30%+). Wording, dates,other pre-req documents not served {EPC, GSC, "How to rent" Booklet..) or failure to protect deposit correctly. So even if it gets to court the case might get chucked out, start again, probably another 4-8 months thereafter...

So yes, don't exchange until the place is empty. (Nothing to stop current owner "encouraging" (with £££££) tenants to go...).

SouthCoastSkies

Also, make sure you don't exchange unless you have yourself confirmed that the place is vacant. Our current home was tenanted too, and not wanting to take the EAs assurances that it was empty, we went to check. Lo & behold all tenants in situ with no sign of any packing done at all.

Aplily

As I said previously, the tenants knew when they moved in that it would only be a temporary tenancy & this is reflected in their contract. They were made aware that it would only be until the property was sold. The owner has encouraged them to go by offering to pay their deposit on the new property and has offered to pay the removal company

Money_maker

The landlord tried to be greedy by allowing them to rent and getting the advantage of their money when he was selling it. Haven't got much sympathy for him now as they're playing him and getting it their way. Shame for you though, OP.

Aplily

yea thanks for that... such helpful information...
I don't think it's quite as dramatic as you're making out, they knew the situation.
I was just looking for some legal advice but should have known the keyboard warriors would be out in full force

theartfullodger

Aplily wrote: »

As I said previously, the tenants knew when they moved in that it would only be a temporary tenancy & this is reflected in their contract. They were made aware that it would only be until the property was sold. The owner has encouraged them to go by offering to pay their deposit on the new property and has offered to pay the removal company

Great, but all that doesn't change tenants rights to remain until court order then bailiffs..

Harper123

Strange that the tenants won't look for anywhere else if the landlord is offering to pay next deposit and removals?

When they eventually get evicted (which they will in the end) then they'll have to fund the move themselves...