Conveyancing - tenants in situ

Eirene88

Thanks. Yeh, I realise it isn't really my concern -  I was wondering how this process works rather than concerned for my security with this one. The issue in the other thread is what actually affects me. I've been told by the landlord that he won't be dictated to and I will have to depart on his timeline and he expects me to be out on a particular date. I said in that case I'll await his serving notice for that date, to which he says "if you're going to be difficult, this is not going to end well". Bit of a bully really. I'm now ignoring him.
Someone above asked about other tenants. There's currently only one and he's just here for 2 weeks without a contract, very informal, and leaves on Saturday. Although it's technically a shared house, the landlord hasn't been able to fill the second room long term.

macman

He doesn't need a written contract. He occupies a room, pays rent, and a tenancy is thereby created. No such thing as an 'informal tenancy'. So he can now stay at least 6 months if he wishes.
This is not going to end well for your LL if he exchanges without vacant possession: he'll be sued  for at least the value of the deposit by the buyer.

princeofpounds

Hope you're keeping records of all the landlord's threats - taping your phone calls (many apps will do it on mobile), keeping emails, notes of verbal conversation etc. He's heading for real trouble if he doesn't change course. This is really important - if you have evidence of this kind of behaviour you have him over a barrel.

As to the process - as others have said, before you buy, you visit the property, ascertain it is empty. If it is not empty, you verbally enquire with the vendor/EA about whether it will be, and they assure you that it will. You inform your solicitor of the situation. When you exchange contracts, there will be a clause in there requiring the vendor to deliver the property with vacant possession.

If they do not, then they become liable for damages, and those can be very severe in a situation where a property buyer ends up with a surprise tenant. They would need to pay the costs of managing the delayed removals, the costs of alternative accommodation (potentially for months), legal costs, all the costs basically. Then there might be an element of punitive damages for the serious hassle involved.

That is why it is so rare for a vendor to actually exchange contracts without already first securing vacant possession (unless the buyer wants a tenanted property of course).

Jumblebumble

princeofpounds said:

As to the process - as others have said, before you buy, you visit the property, ascertain it is empty. If it is not empty, you verbally enquire with the vendor/EA about whether it will be, and they assure you that it will. You inform your solicitor of the situation. When you exchange contracts, there will be a clause in there requiring the vendor to deliver the property with vacant possession.

Neither the vendor nor the estate agent can in the real world assure anyone that  the property will be empty
They can only state that their understanding and expectation is that it will be empty.
As stated the vendor is in a world of pain if that understanding is mistaken and the purchaser does not obtain vacant possession

Eirene88

Thanks everyone. Yes, I have all communication recorded, as so far everything has been by WhatsApp. I hadn't thought about recording phone calls but will get an app to do that in case I need it. I haven't decided what to do in September yet, i.e. when he thinks he's getting rid of me. Bizarrely I've already made two offers to end the arrangement legally (I suggested I give notice or that we negotiate a mutually agreed early end to the tenancy), but he has refused both because they are not "on his terms". He actually prefers his illegal way and a load of bullying. 

theartfullodger

Explain to him everything he's suggesting are "not on my terms".

Good luck. Shelter (the experts) free helpline is 0808 800 4444 but expect a wait from this excellent but overworked charity

trex227

Is the property being sold via an estate agent? If so, call them to advise you are a tenant and you have not been given notice by the landlord 

Marvel1

trex227 said:

Is the property being sold via an estate agent? If so, call them to advise you are a tenant and you have not been given notice by the landlord 

Don't do that, you are helping the landlord.