Bought a house - now tenant wont move out

Kim786

Hello everyone,

I hope you can help/advise me on an issue i'm having.

I am a first time buyer and my uncle's friend (Seller) was selling a house privately cheaply as he needed the cash. The house had tenant's which were also my uncle's friend.

When the sale was going through the seller reassured me that the tenants would move out as soon as they found a suitable house to rent. I thought fair enough as the tenant had small children and they were acquaintance i let them be.

It's now three month's down the line and the tenant has still not moved out and only now have asked that i provide an eviction letter. I have spoken to the seller and he say's he has told them to move out and there's nothing he can do. The tenant is now getting really rude and saying he needs a section 21 letter first followed by an eviction letter.

Also i am worried as i bought this house for me to live in and the tenants are still there, someone has informed me i need to notify the bank - is this true and will there be any consequences?

I'm unfortunately stuck between a rock and a hard place - I can't sell the property or get them to move out. Any advise would be really appreciated guys.

Do i have to serve the tenant both a section 21 and an eviction letter? They both sound like the same thing. And do i need to notify my bank? Will there be any consequences?

I'm really stressed out and feel like i've been naive and have been taken advantage of from both the seller and the tenant. I know it's my own fault for being naive but would really appreciate some advise.

somethingcorporate

Did you buy it with vacant possession? This is the normal process when buying a house to live in. Your solicitor should have made sure this was the case at point of exchange.


Obviously this differs if you were buying a B2L with a sitting tenant.

Comms69

You’re a landlord; you’re in trouble.

You can get them to move out by serving notice and going to court.

Don’t blame the tenants; this is YOUR fault. You are the rude one.

The tenant has done NOTHING wrong!

Serve s.21; go to court; get your property back; return tenants deposit - yes YOU owe it.

missile

Your uncle's friend suckered you into buying a house without vacant possession.
++++++
The tenant is doing no more than he/she is legally entitled to do as a sitting tenant. If they leave voluntarily they forfeit any right they may have to be treated as homeless and council housing.

You really need to get some proper advice.
Speak to your solicitor asap. You did consult one before buying? Did he/she not want you of the huge risk you took?

Slithery

If you haven't even served an S21 yet then it could take up to a year, maybe even a lot longer to get the tenants out - it all depends how well you know all of the legal responsibilities of being a landlord and what your tenancy agreement with them says. You're tenants aren't going to leave until you do everything by the book as that is the only way that the council will then be responsible for housing them.

Did your solicitor really not advise against this?

Please read...
Tenancies in Eng/Wales: Guides for landlords and tenants
to find out exactly how much responsibility you now have and the steps needed to evict.

Rosemary7391

Have you actually bought this house? As in your money is with the seller, you've started paying your mortgage etc? Or are you just trying to buy it/exchange contracts..?


As above, speak to your solicitor ASAP.

Comms69

Actually why not just give them £2,000 to move; that’s a serious offer

martinthebandit

Comms69 wrote: »

Actually why not just give them £2,000 to move; that’s a serious offer

.......and is probably the cheapest option.

somethingcorporate

martinthebandit wrote: »

.......and is probably the cheapest option.

Absolutely And hope the tennants are clueless, otherwise they could be in for one hell of a ride!

theartfullodger

Depending on when tenant 1st moved in it might be an AT for no s21. Or even earlier a "rent act" tenancy, almost impossible to evict at all.


As new owner have you served tenant notice(s) complaint with s48 & s3? If not no rent due & possible fines plus criminal offence. And you won;t fully be landlord.


Sigh!

HampshireH

Wow. You have been royally stitched up

But you also should have thought about this sooner.

Expensive mistake to make. Goodluck.