What if tenants dont leave?

dkb

Hi
"..............

need_an_answer

no...its your responsibility to sell with vacant possession and if that means going to court to obtain an order for them to leave that cost falls on you too.

Average timescales for eviction are 6-8 months.

Possibly you shouln't have promised your purchasers a quick sale if you were not actually in the position to sell knowing you had vacant possession of the property.

Rather than losing the sale you might want to consider paying them to leave.....

Sorry its not the answers you were hoping for

[Deleted User]

dkb wrote: »

Hi
Following on from my question about giving notice to tenants, the sale is proceeding so I have another question as they've not found anywhere and it's been 6 weeks since I told them I was selling and 2 weeks since I gave notice.

What if as a result of tenants not leaving I lose the sale? Is there some legal recourse?

Thankyou for any assistance.

If you lose the sale then it's your fault for marketing the property and accepting an offer whilst the tenants are in-situ and before you served notice to the tenants.

Legally the tenants have every legal right to remain in the property until the tenancy ends and your notice does not end it.

sal_III

You have zero legal recourse if the sale fells through, because the tenants have not moved out.

Have you asked them what is preventing them from finding new place? If they are short on cash, you might try do what need an answer suggested and "bribe" them, however unpalatable this option is, it's likely cheaper than losing sale, specially if yo uare also buying in the same chain.

AdrianC

You only gave them notice two weeks ago? That's not a typo for two full rental period months? Then they have another month and a half before the notice expires and you can even begin to start doing anything about regaining possession - which will take months.

And that's assuming the notice was valid. Which, to be brutally honest, is unlikely if you think they should be out after two weeks.

G_M

AdrianC wrote: »

You only gave them notice two weeks ago? That's not a typo for two full [STRIKE]rental period[/STRIKE]calender months? Then they have another month and a half before the notice expires and you can even begin to start doing anything about regaining possession - which will take months.

And that's assuming the notice was valid. Which, to be brutally honest, is unlikely if you think they should be out after two weeks.

also assumes the tenancy is periodic, and the periodic tenancy is Statutory.

Is it?


See
* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

AdrianC

G_M,
I deliberately phrased it as "two full rental period months" specifically to differentiate from calendar. If the monthly rental period starts on the 15th of the month, then notice given two weeks ago today (25th June) would expire on the 15th September, not two calendar months, 25th August.

G_M

Have I missed something here Adrian? Is this a Contractual Periodic which requires notice to align with tenancy periods? If so, yes you're right.



If not, the S21(form 6a) requires 2 calender months - so if served on 25th june would expire on 24th Aug


edit: just looked back at OP's previous thread (I do wish posters would stick to one thread!!!) and there is no mention of whether this is contractual or statutory - but the assumption seems to be statutory.....

Slithery

Whatever you do, do not exchange contracts until the tenancy has been ended by either the tenants or the court

rajeshk4u

If the person who is buying, doing so to rent it out, if so, then ask them to take your tenants on. It would be win-win all round.

If the buyers want the house for themselves, then you have a problem, if they don't leave.

saajan_12

AdrianC wrote: »

G_M,
I deliberately phrased it as "two full rental period months" specifically to differentiate from calendar. If the monthly rental period starts on the 15th of the month, then notice given two weeks ago today (25th June) would expire on the 15th September, not two calendar months, 25th August.

Which notice? If you mean the LL's notice under Section 21 then no, this can expire 2 calendar months after service for a SPT. Unless the tenancy agreement states otherwise (eg break clause or CPT), you are incorrect, two rental periods are not required.