Am I being unreasonable?

PawelK

Hello. Big fan of this website and I am sure you lovely people will help once again. Thank you in advance!!!
This is my original thread relating to the same property if anyone wants to have a look but my questions can be answered without reading it.

https://forums.moneysavingexpert.com/discussion/5652910

Currently, I have learned that the seller signed an extended tenancy on a rolling contract until the end of July. This is not a problem for me as I am quite flexible but being told earlier the date will be 19th June, I became a bit anxious as to whether the tenancy will be extended further. My second concern comes from a fact that the ea told me they cannot take the offer off the website (isnt this strange or am I being too suspicious that they lie?) and can only keep it there as Under Offer which is the case. However, having been initially rejected by the seller who accepted someone else and the next day they chamged their mind and accepted me makes me think that until anything is signed and someone else puts a higher offer, they can change their mind again and pull out leaving me with the survey and conveyancing bills to pay. This is the reason why I havent started them yet. I asked the ea if he could provide me any proof of the notice given but he just replied that the property is mine and I should stay reassured which doesnt make me really.

Is it unreasonable of me if I reply to him and (without mentioning taking the property off the internet) ask for the actualy copy of the notice served to the tenants by the seller even if their names and other confidentail data is blanked out?

I want to reply to him tomorrow and depending on this I will probably contact my surveyor and start arranging things including conveyancing. Part of me thinks that it's just the process that bears some risk and I will have to take it even being a risk averse person.

sheff6107

Your solicitor will/should ask for a copy of the tenancy agreement. They should get a bundle of information for you from the other side before you even start with surveys.

It's usual for agents to mark a property's as under offer just so they can advertise that they have sold a property. You can put as a condition of the offer that it is removed from the market and get a friend to ring the agent to try and arrange a viewing in a few days to test them.

PawelK

Thanks sheff. I was thinking of asking a friend to try and put a higher offer. From what you are saying, I should let my solicitors start their work first before doing a homebuyers survey? It makes sense as long as I can tell solicitors what to consider first before incurring extra charges for me. So, am I right confrming with them that they would start from obtaining a tenancy agreement followed by checking a leasehold for any hidden dos and donts or plans for major works. Or would the solicitors know that order based on their knowledge and expertise? I dont want them to leave the most important things to me as last just so they give me the highest possible bill to pay later. Sorry, I am just being very cautious. Call it paranoid that everyone will try to protect their own interest in the process but also heard from some people their problems with moving, tenants etc.

Pixie5740

If the vendor really signed a new periodic tenancy then (s)he is a burke. There was no need to sign any new tenancy agreement as periodic tenancies automatically start the day after a fixed term ends. That doesn't fill me with confidence that your vendor knows how a tenancy can be (legally) ended. M

In your shoes I would not spend a penny on conveyincing or surveys until the tenants are gone. Start looking at other properties.

G_M

Lots of good advice in your previous thread about the tenancy.

If you've decided to gamble anyway and proceed, well, your choice!

Spend your cash on progressing the sale and keep your fingers crossed the tenants leave.

PawelK

Hi Pixie. In ea's reply, he states that there is a signed tenancy agreement comfirming the date by which the tenants will move out. Does that give me any confidence, perhaps once my solicitors lbtain a copy of it?

anselld

PawelK wrote: »

Hi Pixie. In ea's reply, he states that there is a signed tenancy agreement comfirming the date by which the tenants will move out. Does that give me any confidence, perhaps once my solicitors lbtain a copy of it?

It gives you confidence.... that the EA is an idiot.

Pixie5740

PawelK wrote: »

Hi Pixie. In ea's reply, he states that there is a signed tenancy agreement comfirming the date by which the tenants will move out. Does that give me any confidence, perhaps once my solicitors lbtain a copy of it?

No, it shouldn't give you any confidence. There was absolutely no need to sign a new tenancy agreement what the landlord should have done was issue a Section 21 notice. Furthermore, a tenancy can only be ended by the tenant or a court not the landlord so viewing this new tenancy agreement won't make a blind bit of difference. Either you're being told fibs or the vendor is an eejit.

Read G_M's Ending/Renewing an AST if you want to know how a tenancy can be ended in England and Wales.