Tenants won't leave the house I'm buying

Emilyoch

Just after a bit of advice and help,
I'm currently buying a house we've had trouble with the tenants most of the way just little things like being rude when we were viewing but we loved the house and they had already been given their 2 months notice in November 17, we found out they had given us a moving date as they had been given a council house and would be moving out on 31st December. We found out a couple of days later that they had not left and now are refusing to leave.
I need advice we are now at the contract signing part and the tenants are still there we have refused to sign the contract until they are out and we have checked the house damage. The landlord has been difficult to get hold of and our broker, solicitors and the estate agents have no clue what is happening we are all just waiting to hear from the landlord as to when they will leave.
I just want to know what I should do, what is the next step and how long it will take we were told we would be on by mid January obviously that's not happening, how long will it be? Can they claim squatters rights?
A bit of advice would really help as it is really starting to get me depressed with all the stress.
Thanks.

Pixie5740

Emilyoch wrote: »

Just after a bit of advice and help,
I'm currently buying a house we've had trouble with the tenants most of the way just little things like being rude when we were viewing but we loved the house and they had already been given their 2 months notice in November 17, we found out they had given us a moving date as they had been given a council house and would be moving out on 31st December. We found out a couple of days later that they had not left and now are refusing to leave.
I need advice we are now at the contract signing part and the tenants are still there we have refused to sign the contract until they are out and we have checked the house damage. The landlord has been difficult to get hold of and our broker, solicitors and the estate agents have no clue what is happening we are all just waiting to hear from the landlord as to when they will leave.
I just want to know what I should do, what is the next step and how long it will take we were told we would be on by mid January obviously that's not happening, how long will it be? Can they claim squatters rights?
A bit of advice would really help as it is really starting to get me depressed with all the stress.
Thanks.

They are tenants and have every legal right to occupy the property therefore they cannot be, in any way shape or form, squatters. Those tenants have a legal contract to live there, you haven't even exchanged contracts so the tenants win this round of Top Trumps.

A tenancy can only be ended by the tenants or a court. If the tenants are not going willingly then their landlord will have to go to court to get a possession order. The average length of time to evict a tenant in England is 40 weeks...if the landlord has got the paperwork correct.

hazyjo

Advisable to wait until they're out before spending money. This is not uncommon. (Know it's a bit of a case of 'after the horse has bolted...' - sorry!)


I suppose it's up to you if you wait (if your mortgage offer lasts that long - presuming you have one) or if you start again. Not what you want to hear, but there's no right or wrong choice here. You're aware now of the legalities and how long it might take.

theartfullodger

Just because there is a change of ownership does not mean tenancy ends nor that tenants have to leave. Even if new owner is outside with huge removal van, 3 bonkers kids & a screaming deranged hubbie.

If it's worth buying, buy it. You will then be a landlord with a lovely income stream of regular rent payments, paying way over any bank account. What's not to like eh?

moneyistooshorttomention

theartfullodger wrote: »

Just because there is a change of ownership does not mean tenancy ends nor that tenants have to leave. Even if new owner is outside with huge removal van, 3 bonkers kids & a screaming deranged hubbie.

If it's worth buying, buy it. You will then be a landlord with a lovely income stream of regular rent payments, paying way over any bank account. What's not to like eh?

Just a slight snag there - OP is going to be living in their house themselves:cool:

Have you any idea why the tenants are trying to stay there - considering that they've been offered a Council house? Admits my mind is boggling at why anyone would forego the security of a Council house tenancy for the insecurity of a private tenancy (all the more so - when they know very well they should be gone by now).

I think I might be paying a visit to local pub/local corner shop etc and getting chatting to see if I could find out why they were trying to stay in my house.

fairy_lights

Emilyoch wrote: »

we found out they had given us a moving date as they had been given a council house and would be moving out on 31st December. We found out a couple of days later that they had not left and now are refusing to leave.

Who did you find this all out from? Do you know if the tenant has even been served the correct notice?

gingercordial

Emilyoch wrote: »

Just after a bit of advice and help,
I'm currently buying a house we've had trouble with the tenants most of the way just little things like being rude when we were viewing but we loved the house and they had already been given their 2 months notice in November 17, we found out they had given us a moving date as they had been given a council house and would be moving out on 31st December. We found out a couple of days later that they had not left and now are refusing to leave.
I need advice we are now at the contract signing part and the tenants are still there we have refused to sign the contract until they are out and we have checked the house damage. The landlord has been difficult to get hold of and our broker, solicitors and the estate agents have no clue what is happening we are all just waiting to hear from the landlord as to when they will leave.
I just want to know what I should do, what is the next step and how long it will take we were told we would be on by mid January obviously that's not happening, how long will it be? Can they claim squatters rights?
A bit of advice would really help as it is really starting to get me depressed with all the stress.
Thanks.

You mention a broker so presumably you are buying this with a mortgage.

If so and it is a residential mortgage (ie you're supposed to go and live there yourselves) you cannot complete without vacant possession. Your lender will not release the funds. Therefore do not under any circumstances exchange before you know for an absolute fact that the tenants have already left.

Of course if you're actually getting a buy-to-let mortgage then you could take it on with tenants in situ and you will automatically become their landlord, but I doubt that's what you're trying to do.

You mention that they have tried to get a council house. Often it is the case that a council will not house somebody unless they have been properly evicted by a court with baliffs (the council doesn't have enough spare housing to take people earlier than this). In which case you are looking at waiting for the existing owner to navigate the long and complex court process for eviction. As others have said, this could be 40 weeks.

I would look for another place to buy unless you are willing to wait that long.

silvercar

theartfullodger wrote: »

Just because there is a change of ownership does not mean tenancy ends nor that tenants have to leave. Even if new owner is outside with huge removal van, 3 bonkers kids & a screaming deranged hubbie.

If it's worth buying, buy it. You will then be a landlord with a lovely income stream of regular rent payments, paying way over any bank account. What's not to like eh?

Your missing out that the new owner will b buying with vacant possession and a mortgage offer that is for an owner occupier not a buy-to-let mortgage.

It is for the seller to ensure that the property has vacant possession not the buyer.

Have you any idea why the tenants are trying to stay there - considering that they've been offered a Council house? Admits my mind is boggling at why anyone would forego the security of a Council house tenancy for the insecurity of a private tenancy (all the more so - when they know very well they should be gone by now).

Probably hoping for a payout from the landlord to go quietly. You don't know they have foregone the council house, they could have moved in and left one or two family members in their old home.

FBaby

Unfortunately, you are experiencing the reality of our society, with people renting and then either finding they can't afford to move elsewhere because they haven't budgeted for it (even though it will be clear that they could be asked to move at the end of their ast/within 2 months), or they are demanding a council house and so won't do anything until evicted by the courts so that the council has to house them.

As said, it could take still a very long time for them to have no choice but to vacate and how long is dependent on a number of factor that will be out everyone's control. So it's up to you as to whether you are in a position to seat still and wait until this happens, or let that house go because you can't.

Really the LL should have gone through that process before putting the house on the market, but they took a chance and it didn't work.

LadyDee

If they are eventually forced out/evicted after a Court hearing be aware the house might well be in a different state than it is now.

Slithery

You're going to have to wait until the tenants leave or are evicted before you can exchange, unfortunately this could take a very long time.

I know it's too late for you now but this is why the usual advice is to never spend any money on the purchase at all until after the tenants have left.