Tenants won't leave the house I'm buying

AlexMac

Lots of good (albeit depressing) advice above, but while you and your solicitor need to ask a lot more questions, i have experience as a landlord of one issue cited above which migh provide grounds for optimism...

gingercordial wrote: »

...
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 had a tenant in exactly that position. An unemployed single parent, she had the priority to get a Council place after years on the waiting list, but the Housing Officials (bless 'em) tipped her off that, in practic,e she wouldn't actually get an offer unless she was technically homeless.

She had been a good tenant, so I colluded with the Kafka-esque nonsense of the Council (who are desperately short of homes) having to use the Courts as part of their allocations process,. With her knowledge and encouragement, I served notice and took her to Court for re-possession. That alone wasn't good enough for the Council, so I had to follow through with a Baliff's order, as the Local Authority wouldn't act til they were about to knock on the door!

Armed with that threatening paperwork, she got the offer (and I just rang the baliffs to tell 'em to hold off). Barking mad really, but it worked for her; she's now in well-deserved secure housing, in a job, and in a stable relationship.

So (and because if she or he is any good, your solicitor won't let you exchange, let alone complete, without vacant possession) ask qauestions and find out what the other side are doing and if the vendor actually knows 4r5e from elbow?

Beacuse if the tenant doesn't actually want to leave, and wants to take to to the wire you'd maybe better take Ginger's advice to...

gingercordial wrote: »

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

But don't write it off til you have all the facts! Good luck; buying is stressful enough without all this faff.

csgohan4

the vendor wants their cake and eat it

I would have walked long before with tenants in situ on viewing. So many issues and potential things that are out of your control

Good Luck OP, I hope you get your house

Comms69

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 - Why should they be polite to you?? 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. - Absolutely their right to stay, blame your vendor.
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. - When he/she actually evicts them?
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?- no, they can claim TENANTS rights...
A bit of advice would really help as it is really starting to get me depressed with all the stress.
Thanks.

eviction takes on avg 40 weeks.

Margot123

"what is the next step and how long it will take....."

Next step is forward, walking away from this.

It will take a few minutes to make your mind up to take that step.

Cakeguts

Unless you can afford to wait for at least another 6 months for this house you would do well to find a different one.

Did it appear to be cheaper than you would have expected? If so that is because the landlord had priced it to sell to another landlord. The tenants were probably not expecting to have to move.

It may have appeared to be "good value for money." However that good value includes the extra time needed to evict the tenants.

In the time it takes for the court hearing you could have bought a different house.

agrinnall

moneyistooshorttomention wrote: »

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

And if the OP needs a mortgage it's almost certain that their offer is for a residential one so it wouldn't be possible to purchase other than to live in anyway. Of course, by the time vacant possession is obtained and exchange done the offer may well have expired. Makes walking away seem even more attractive.

theartfullodger

Having said all that just think on't. The circumstances will have persuaded many many others to walk away (as you are being advised). You may be the only buyer - or perhaps the only realistic buyer.

Perhaps try some negotiating: Not with tenants but with vendor (you currently have no relationship with tenants -..)

One of my sons bought a place in similar circumstances. It was a nightmare: But a good purchase in the end.

Oh, PS, depending on when tenants 1st moved in there may be no realistic way of evicting them, if they are "assured tenants" or "rent act" tenants.

saajan_12

Option 1: Wait for the tenants to vacate, inspect, then exchange
-> PRO: you are sure of the condition of the property upon exchange, and will definitely get to move in upon completion.
-> CON: Eviction could take a long time (~40 weeks) and you are not in control (has LL served valid notice? have they gone to court? has the Possession order date passed? has the LL applied for bailiffs? have the bailiffs visited? )

Option 2: Proceed to exchange ONLY if you can continue staying where you are
-> The tenants can remain until properly evicted through notice>court>bailiffs. If they haven't vacated by completion date, it is the vendor/LL's problem to cover your (buyer's) costs until they can provide vacant possession.
-> PRO: The vendor is tied into the sale and has an incentive to get the tenants out so likely to be faster
-> CON: This is more stressful, as your mortgage offer could expire, meaning you have to reapply, and while your expenses are covered eg extra rent, you still have the hassle / uncertainty.

Option 3: Walk away, look elsewhere

G_M

They were rude. That did not ring alarm bells? Perhaps they did not appreciate

* the fact that they knew they were gooing to be evicted from their home, and/or
* that you were gong to move into their home, and/or
* that you were tramping round their home while they were trying to cook dinner (or whatever)
???

Next time, don't spend out moneyy on solicitors, mortgage application, survey etc on a property wth tenants who might, or might not, move out when asked.

Only 2 things to do:

1) wait till they've actually gone AND the tenancy has ended (not the same thing - they might have the right to return!) before Exchanging, or

2) find somewhere else