Bought a house - now tenant wont move out

AdrianC

FreeBear wrote: »

Isn't there a higher stamp duty to pay on rental properties ?

No, on additional properties, regardless of purpose. This is the OP's first purchase.

AdrianC

davidmcn wrote: »

I think it more likely that the solicitor wasn't told the whole truth. They've got precious little to gain by misleading the lender.

...but...

Kim786 wrote: »

No it had the previous owners tenants when i bought the house and i was reassured by both seller and tenant they would be moving out asap. My solicitor thought this was fine as i was acquaintances with both parties.

The solicitor was aware there was a sitting tenant, and vacant possession would not be available.

davidmcn

AdrianC wrote: »

...but...

The solicitor was aware there was a sitting tenant, and vacant possession would not be available.

I read it as the solicitor thought it was fine that adequate arrangements had been made to procure vacant possession in time for completion - certainly not clear that the solicitor advised that it was fine for the tenants still to be there after completion.

AdrianC

Yes, it'd be nice if the OP would clarify whether he lied to the solicitor, or the solicitor lied to the lender.

Rosemary7391

AdrianC wrote: »

Yes, it'd be nice if the OP would clarify whether he lied to the solicitor, or the solicitor lied to the lender.

I imagine it was a miscommunication - ie OP said they were moving ASAP, solicitor assumed that meant "before completion" and OP didn't reaalise how vital that was... hence why I wondered earlier if the actual contract specified vacant possession.

45002

Kim786


When did the tenants 1st move in ?






.....

Out,_Vile_Jelly

The OP's uncle is a right shady bar-steward.

Okrib

I am struggling to believe this is true.

There's either deliberate mis information, an incompetent solicitor or this is a wind up.

I have been involved in sales where there was not vacant possession (BTL investments etc). These were always a pain as it involved transferring deposits, calculating percentage of rent owed etc. But it most certainly involved a lot of back and forth between solicitors, buyer and seller and tenants.

If this is not a wind up then I would like to know how your uncle can behave in such a way? Can he not get these people to move out? You might have legal redress against your solicitor (though unlikely, as I cannot believe they would have signed off on this if fully aware of all the facts) or against your uncle - but I think this would be very tricky unless you have documentary evidence.

You have been naive at best but definitely done over by your uncle. That's very sad.

Comms69

Okrib wrote: »

I am struggling to believe this is true.

There's either deliberate mis information, an incompetent solicitor or this is a wind up.

I have been involved in sales where there was not vacant possession (BTL investments etc). These were always a pain as it involved transferring deposits, calculating percentage of rent owed etc. But it most certainly involved a lot of back and forth between solicitors, buyer and seller and tenants.

If this is not a wind up then I would like to know how your uncle can behave in such a way? Can he not get these people to move out? - If you've been involved in BTL etc you'll know that this may be a criminal offence and the OP risks prosecution. You might have legal redress against your solicitor (though unlikely, as I cannot believe they would have signed off on this if fully aware of all the facts) or against your uncle - but I think this would be very tricky unless you have documentary evidence.

You have been naive at best but definitely done over by your uncle. That's very sad.

The uncle isn't liable, the seller, might be, but good luck there - selling cheap as needed money = he has no money

Pixie5740

Would the contact the OP and uncle's friend signed not have included a clause about vacant possession meaning the uncle's friend is in breach of contract? Assuming such a clause exists.

Edit: for the avoidance of doubt I was referring to a contract between the OP and the person who sold her the property.