Buying a flat but tenants aren't leaving

david1951

Aplily wrote: »

I was just looking for some legal advice but should have known the keyboard warriors would be out

If you want you could exchange with the tenants in there and then try to evict them yourself?

Aplily

Yea we did think about that but as it's a residential mortgage we can't exchange until the property is vacant

G_M

Well, you've received the legal advice you requested (albeit from amateurs on a public internet forum rather than from your conveyancer - why???).

I agree totally with Money maker above: an owner who puts a property on the market and at the same time lets it out to tenants is asking for trouble in the hope of maximising profit. The loser is the naive buyer (you), since
* the tenants can sit tight for quite a while
* the owner still receives his rent
* but the poor naive buyer is left dangling, wondering if, and when, he'll be able to buy this property he's already invested legal and other money into.

The lesson here is never to start incurring conveyancing and other costs (survey, mortgage application etc) on a tenanted property untill the tenancy has actually ended.

Hoploz

...of course the good part here is that you are renting, so you can hang on in there for as long as you like, until evicted by court, just like the other people

david1951

Sorry - I should have made it more clear that I was joking!

It was a bad attempt at telling you that you have no rights until you own the property. Pressure the owners as much as you can. Say that you will pull out unless exchange happens by [insert suitable date]

robatwork

Nobody has yet suggested looking for another property. But on this very forum have been horror stories about buyers in your position waiting months (over 6, possibly a year) until the physical act of getting sitting tenants out who don't want to move.

I'm sure it's rare but would it hurt to continue your search just in case this drags on another few months? This may also encourage the seller to do everything he can (bribe the tenants some more) to move them out quickly.

Pixie5740

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

Were you party to the discussions between the landlord and tenants prior to the tenancy starting? No you weren't so you don't know what was said and by whom.

As you've said, you made an offer and have progressed the purchase of a property which you knows has tenants. Tenants who have a legally binding contract with the landlord whereas all you have is a gentlemen's agreement you'll buy the place. In other words in terms of rights the tenants have won this hand of Top Trumps. The only rights you have are to pull out the sale of the purchase or wait until the tenants have left to complete the purchase.

Argghhh

if you have watched - cant pay wont pay - it can be elevated from county court to high court writ and have the tenants removed a lot faster. put some pressure on the seller or demand a price reduction for the stress. He might have to pay for you to go into rented if your place gets sold

Marvel1

Aplily wrote: »

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

Unfortunately for the seller it does not matter once the tenents moved in, the same law has to be followed to be evicted.


Once they are gone, before exchanging check the property has not been damaged.

Owain_Moneysaver

Harper123 wrote: »

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

If they are evicted for no fault of their own they will then be able to claim homelessness and be priority for any social housing available, which will give them a secure long term tenancy at below market rate.