vacant possession and tenancy agreement

proofoffunds

Hello,
This is for UK
I am suspicious that something fishy is going on with the current tenant of an apartment that I am about to buy. The seller doesn't tell me the whole story and I caught her lied at least once about the tenant that is already in. She said he will vacate next monday when I have another viewing. I am afraid that he has theoretical right to return back if he has tenancy agreement even if I buy it as "vacant possession".

The tenant is a friend of the seller.

My question is - is it possible to buy a property as vacant possession but somebody to have a tenancy agreement for the next 10 years with let's say 1 GBP per month rent? This obviously will be some kind of scam and wrongdoing from the seller side, but what I can do with the tenant?

Thank you

tom9980

Ask the seller to get a deed of surrender drawn up.

https://markprichard.co.uk/content/documents/EW_SURRENDER_01-Deed-of-surrender-of-tenancy.pdf

theartfullodger

Until and unless tenancy has ended (legally) tenancy continues and tenant may remain.

Selling does not end tenancy nor compel tenant/occupant to depart

If someone buys with tenant in place the buyer, owner, becomes new landlord. Yes, even if outside with removals van, 3 bonkers kids, screaming partner etc. Even if sale contract says vacant possession. You might have case against vendor.

Ask to see (in-person the place vacant before exchange. Don't trust promises.

proofoffunds

Thank you,
Their position is that there will be nobody even tomorrow, so there is no tenant from their point of view.
They already sent TA06 form twice with information there is nobody living there and the apartment is empty (obviously this statement was little bit too soon). My solicitor things there is no problem at all, and I am paranoid. Maybe I am, but this is still a concern for me.

theartfullodger

Your solicitor does not understand landlord/tenant law. Fire him, get one that does.

proofoffunds

I plan to ask for exchange and completion on the same day just to be able to have another look.
If they don't want this I plan to ask for amendment in the contract another viewing to take place on the day of completion. My problem is that even the viewing can't guarantee that nobody will return after 1 day with tenancy agreement in hand.

45002

proofoffunds wrote: »

Hello,
This is for UK
I am suspicious that something fishy is going on with the current tenant of an apartment that I am about to buy. The seller doesn't tell me the whole story and I caught her lied at least once about the tenant that is already in. She said he will vacate next monday when I have another viewing. I am afraid that he has theoretical right to return back if he has tenancy agreement even if I buy it as "vacant possession".

The tenant is a friend of the seller.

My question is - is it possible to buy a property as vacant possession but somebody to have a tenancy agreement for the next 10 years with let's say 1 GBP per month rent? This obviously will be some kind of scam and wrongdoing from the seller side, but what I can do with the tenant?

Thank you

proofoffunds wrote: »

Thank you,
Their position is that there will be nobody even tomorrow, so there is no tenant from their point of view.
They already sent TA06 form twice with information there is nobody living there and the apartment is empty (obviously this statement was little bit too soon). My solicitor things there is no problem at all, and I am paranoid. Maybe I am,

Do you know how long the tenant beaning living there for, the date they 1st moved in ?


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AdrianC

proofoffunds wrote: »

I am afraid that he has theoretical right to return back if he has tenancy agreement even if I buy it as "vacant possession".

"Vacant possession" doesn't mean "We knocked on the door and nobody answered, the tenant must have popped to the shops".

It means that the vendor is providing you full and absolute empty possession of the property. Nobody else lives there or has any legal right to live there.

If the contract is based on vacant possession, and the tenant still has a valid tenancy, then you don't have vacant possession, and the vendor's wallet is in for a world of pain covering all your costs until vacant possession can be provided legally.

proofoffunds

No I don't.
I can sue the seller, but meanwhile the tenant can sue me If I don't allow him in the property.

proofoffunds

Yes I understand that the seller can be in trouble, but I don't want to sue people while I am still paying rent, that maybe will be covered later, by the seller. I want to do my best to prevent it .

My feeling is the same - viewing empty apartment is not any kind of guarantee that nobody has tenancy agreement for it.

45002

proofoffunds wrote: »

I plan to ask for exchange and completion on the same day just to be able to have another look.
If they don't want this I plan to ask for amendment in the contract another viewing to take place on the day of completion. My problem is that even the viewing can't guarantee that nobody will return after 1 day with tenancy agreement in hand.

proofoffunds wrote: »

No I don't.
I can sue the seller, but meanwhile the tenant can sue me If I don't allow him in the property.

Sounds like seller is trying to pull a Fast one on you.

Think you need to walk away from this property and buy somewhere else.

As posted, If you buy this property and tenant still living there you become there landlord.




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