*help*

JustineMann

I'm posting on behalf of my mum. It's a very complicated situation, so bare with me because she's really in need of some advice.

My mum's selling her home. The buyer of her home is buying-to-rent, it has been arranged since early September so there is no problem there. The problem lies with the onward purchase. The original date for the house move was due to be October 21st. Her solicitors assured her that it was a realistic date to be set and contracts would easily be exchanged by then. However, there has been hold-up after hold-up and the situation is dragging on for months now.

The couple who own the house my mum is looking to move into are supposed to be moving into a bungalow. In the bungalow, there is a tenant and he has not moved out. My mum has only recently been informed of the tenant in the past month, as that's what has held up the exchange for more than a month beyond the original date agreed upon by all parties. When she was finally informed about the tenant, she was assured by the estate agents that represent the couple that the tenant would have moved out by November 27th. Well, that day came and went but the tenant hadn't moved out. She has since been ringing back and forth between solicitors/estate agents and was yesterday informed that the tenant would be moved out by December 15th. At this point, we haven't been told for certain whether the tenant refuses to move out i.e. squatter, or whether they're simply having difficulty finding elsewhere to live so have no idea why the move-out date keeps changing. On top of that, the owner of the bungalow seems to be completely unreachable by the solicitors/estate agents.

Naturally, it's near Christmas time and my mum would very much like to be moved in to her new home before the festive holidays as relatives will soon be hoping to visit. But if this wasn't all stressful enough, my dad's terminally ill and lives in a hospital bed. My mum arranged for him to be in a nursing home where he's cared for 24/7 so he could be comfortable while she moved house and had the new house ready for him to come home to. He has been in the home since mid-October at the extortionate price of 700 pounds per week! With the understanding that we would have moved house by the 21st, this was not going to be a problem. However, the delays have meant he's been in there for several weeks and the bill is huge! Obviously, my mum planned to pay the bill with the money from the house move and until the bill is paid, he won't be able to come home! This means if we don't move before Christmas, he will more than likely spend his last Christmas in a nursing home!

I have read online about the legal ombudsman. Is it worth contacting this person regarding the tenant she was never informed about? Apparently, there were original buyers of the couple's house before my mum that pulled out due to complications. I'm willing to bet that's because the tenant refused to move out then, too. It seems completely unfair and no one's willing to do much about the delays. To make matters worse, the solicitors will soon shut down for Christmas!

This has been dragging on since September and is just so unacceptable.

Is there any advice anyone can offer?

marksoton

Your mother should have gone for a property with vacant possession.

In all honesty this could carry on for months.

DCFC79

Got a question to ask, when your mum saw the house on the EA website or in the window did it mention about the tennant in situ ?

Why was she only made aware about the tennant in the past month ? Surely the EA was aware of the situation ?

AdrianC

JustineMann wrote: »

The problem lies with the onward purchase. The original date for the house move was due to be October 21st. Her solicitors assured her that it was a realistic date to be set and contracts would easily be exchanged by then. However, there has been hold-up after hold-up and the situation is dragging on for months now.

It's only just over one month since 21st Oct.

The couple who own the house my mum is looking to move into are supposed to be moving into a bungalow. In the bungalow, there is a tenant and he has not moved out. My mum has only recently been informed of the tenant in the past month

So when she viewed the place, she thought the possessions in the house were the vendors?

she was assured by the estate agents that represent the couple that the tenant would have moved out by November 27th. Well, that day came and went but the tenant hadn't moved out. She has since been ringing back and forth between solicitors/estate agents and was yesterday informed that the tenant would be moved out by December 15th. At this point, we haven't been told for certain whether the tenant refuses to move out i.e. squatter

If they won't move out, they aren't a squatter. They're still a tenant - just one who hasn't taken notice of the expiry of their notice...

We can only assume the notice expired on 27th Nov. Great. They didn't move out. Ooookay. So let's assume the landlord launched possession proceedings on 28th Nov.

Well, allowing for the Xmas/NY delays, the landlord may be in a position where they can actually evict the tenant in February. Then let's hope that the place hasn't been trashed, eh?

I have read online about the legal ombudsman. Is it worth contacting this person regarding the tenant she was never informed about?

<shrug> Why? About what? Your mother and the vendor don't have any legally binding agreement in place until exchange of contracts. She can still walk away if this doesn't get sorted asap.

notbritishgas

DCFC79 wrote: »

Got a question to ask, when your mum saw the house on the EA website or in the window did it mention about the tennant in situ ?

Why was she only made aware about the tennant in the past month ? Surely the EA was aware of the situation ?

I do not think the house the mother is moving to has a tenant.
It is the bungalow her sellers are moving to with the tenant.

AdrianC

notbritishgas wrote: »

I do not think the house the mother is moving to has a tenant.
It is the bungalow her sellers are moving to with the tenant.

Ah, you're right.

Even less she can do, then.

G_M

JustineMann wrote: »

My mum's selling her home. The buyer of her home is buying-to-rent, it has been arranged since early September so there is no problem there.
excellent.
The problem lies with the onward purchase. The original date for the house move was due to be October 21st.
meaningless. 'original date' suggested by who? Until contracts are exchanged, no proposed date has any real meaning.
Her solicitors assured her that it was a realistic date to be set and contracts would easily be exchanged by then. However, there has been hold-up after hold-up and the situation is dragging on for months now.
which proves my point. No date is meanginful because there are 107 possible reasons for delay (or collapse) of the deal.

The couple who own the house my mum is looking to move into are supposed to be moving into a bungalow. In the bungalow, there is a tenant and he has not moved out.
It's his home. He has rights. Until a court orders him to leave he does not have to. (this is reason 83 of my list of 107 reasons mentioned above)
My mum has only recently been informed of the tenant in the past month, as that's what has held up the exchange for more than a month beyond the original date agreed upon by all parties.
As explained, there was no 'agreed' date - just a proposed date that might or might not be met.

When she was finally informed about the tenant, she was assured by the estate agents that represent the couple that the tenant would have moved out by November 27th.
:rotfl:and how did the EAs know this? How could they guarantee it? Never take an EA's assurance too seriously.

Well, that day came and went but the tenant hadn't moved out. I'm not that surprised.
She has since been ringing back and forth between solicitors/estate agents and was yesterday informed that the tenant would be moved out by December 15th.
Do not rely on this unless there has been a court hearing, a court possession order, and the bailiff's are actually booked for that day to evict. Otherwise this is just another bit of wishful thinking.

At this point, we haven't been told for certain whether the tenant refuses to move out i.e. squatter,
No- not a squatter. A tenant who has chosen not to leave his home until legally obliged to by a judge.
or whether they're simply having difficulty finding elsewhere to live so have no idea why the move-out date keeps changing.
because tenanted properties are always problematic in house sales. Tenants have rights you know.

On top of that, the owner of the bungalow seems to be completely unreachable by the solicitors/estate agents.
Ah! Reason 93.

Naturally, it's near Christmas time it is? Who'd've guessed? Oh yes, 'Jingle bloody bells' in the shops!
and my mum would very much like to be moved in to her new home before the festive holidays as relatives will soon be hoping to visit.
Agreeing a purchase, with a chain, in September was always going to be a gamble as to whether it'd Complete in 2016 or 1017 (or not at all).
But if this wasn't all stressful enough, my dad's terminally ill and lives in a hospital bed. My mum arranged for him to be in a nursing home where he's cared for 24/7 so he could be comfortable while she moved house and had the new house ready for him to come home to. He has been in the home since mid-October at the extortionate price of 700 pounds per week!
Whilst I sympathise, this has no bearing on the conveyancing process, or the uncertainty of the timescales.
With the understanding that we would have moved house by the 21st,
If you understood this, you were suffering from a misapprehension. There was never any such guarantee.
this was not going to be a problem. However, the delays have meant he's been in there for several weeks and the bill is huge! Obviously, my mum planned to pay the bill with the money from the house move and until the bill is paid, he won't be able to come home! This means if we don't move before Christmas, he will more than likely spend his last Christmas in a nursing home!
I think you need to accept this sale will not happen this year. You should plan on that basis, both in terms of the practicalities of where you all live, and the financial implictations.

I have read online about the legal ombudsman. Is it worth contacting this person regarding the tenant she was never informed about?
You have no valid complaint.
Apparently, there were original buyers of the couple's house before my mum that pulled out due to complications. I'm willing to bet that's because the tenant refused to move out then, too. It seems completely unfair and no one's willing to do much about the delays. To make matters worse, the solicitors will soon shut down for Christmas!

This has been dragging on since September and is just so unacceptable.

Is there any advice anyone can offer?

I'm afraid house buying and selling is very stressful. Always. Even when things go smoothly (which they rarely do).

It also always takes longer than people want. Or expect.

Unfortunately you have no valid reason to complain to anyone about anything. There is little you can do to speed things up - you are dependant on the tenancy being ended properly.

The only suggestion I have is to try to get meaningful information about
* the type of tenancy the tenants have
* the process the landlord is using to end the tenancy
* how far in that process the LL has got

By 'meaningful' I do not mean soothing assurances from an EA that 'the tenants have been asked/told to leave y/on x date.' I mean actual facts on the above 3 points.

xylophone

I take it that the owners of the house your mother is wishing to purchase are not willing to move into rental accommodation until they can complete on their purchase of the bungalow?

Person_one

I'd get your dad home asap, this is unlikely to be sorted by Christmas. There is no reason he can't leave until the bill is paid, that would be false imprisonment!

G_M

In fact the reverse is probobly true: if the bill isn't paid he'll be forced to leave.......

ViolaLass

So your mother moved your father in mid-October when contracts had not yet been exchanged and therefore nothing was guaranteed?

Eek.

She could tell her vendors that they either exchange by x date or she pulls out.