Deed of surrender/ surrender document - FTB tenanted property

FTB_Help

Hello

Just about to put in my final offer on a flat that has tenants still living.
Im FTB looking to buy this flat to live.
The EA are a little vague on when they'll be leaving and said around Dec this year.
Now, I really want this place but I know I shouldn't really start surveys/ solicitors until they leave.
If the vendor gives me a signed deed of surrender of surrender document that's been signed with an official leaving date for the tenants is this legally binding?
I.e it is the exact date the tenants need to leave by and it terminate the tenants and LL agreement and they are no longer allowed to stay at the flat after this date?

I just wanted to check if this is the document I should ask for when submitting my final offer (based on the tenants leaving by x date and no exchange before they leave) just so I know what date they have agreed to leave

Thanks

davidmcn

You could get a bit of paper sworn in blood by the tenants if you like, it doesn't matter how "binding" it is, the landlord would still need to go to court to evict them if they don't leave when they're meant to. So you shouldn't believe anything until you see an empty house.

Tigsteroonie

No document will guarantee that the tenants leave on a certain date. Your only hope of certainty is as mentioned above, seeing the flat empty for yourself. 

FTB_Help

Also to add, if this sale goes through but by x date and the tenants have not left is the vendor liable for expenses such as my solicitor fees/ surveys etc, if I do go ahead and start the process but they not able to exchange because of the tenant situation?
I'm also on a deadline for the stamp duty holiday, final offer is £455k but that's us putting everything in so won't be able to afford to pay stamp duty on this too, so would like them out asap

greatcrested

If they are not able to Exchange, you lose whatever you've paid to date.

If they exchange but are not able to Complete, you sue the pants off them.

FTB_Help

Tigsteroonie said:

No document will guarantee that the tenants leave on a certain date. Your only hope of certainty is as mentioned above, seeing the flat empty for yourself. 

Thanks, I've asked the EA twice on a date and he first told me 2 months notice has been given, then the second time said around Xmas! Pulling teeth! Might see if I can ask them to ask the vendor to pay them to leave early as they seem desperate to sell, the other 2 offers they've had are both in a chain (neither have sold, so we're looking to be their best option as they want to sell quickly, not been told why but just they want to sell it!

FTB_Help

greatcrested said:

If they are not able to Exchange, you lose whatever you've paid to date.

If they exchange but are not able to Complete, you sue the pants off them.

Thanks, don't want to go down the suing route, this house buyer is stressful enough!
Do you know of any clauses I can get my solicitor to draw up to say they must be out by this date (before we exchange) and if they're not out by set date, any costs incurred by us (solicitors/ surveys) they will need to reimburse us for - is this standard practice in situations like this?

Chilli6

From reading many posts on here regarding people trying to buy tenanted properties (usually ftb's it seems), it seems vendors really shouldn't be able to market them until they have vacant possession.
Search other threads and you will see it isn't straight forward to move tenants on right now. 
You have no idea how motivated they are to leave as you're at the mercy of what the EA tells you (which will be whatever suits them.)
I'd move on and find a property that is proceedable as this one currently isn't. 

FTB_Help

Chilli6 said:

From reading many posts on here regarding people trying to buy tenanted properties (usually ftb's it seems), it seems vendors really shouldn't be able to market them until they have vacant possession.
Search other threads and you will see it isn't straight forward to move tenants on right now. 
You have no idea how motivated they are to leave as you're at the mercy of what the EA tells you (which will be whatever suits them.)
I'd move on and find a property that is proceedable as this one currently isn't. 

This flat is near enough perfect for us, and we've had difficulties the last few months finding somewhere in this area within our price range and with all the space (900 sq ft) and garden, its in good condition and 5 mins walk from the station and close to the high street but also in a quite road. I'm very tempted to ask them to pay the tenant to leave early, the EA also said that might be an idea but not sure if this'll !!!!!! the vendor off

davidmcn

FTB_Help said:

greatcrested said:

If they are not able to Exchange, you lose whatever you've paid to date.

If they exchange but are not able to Complete, you sue the pants off them.

Thanks, don't want to go down the suing route, this house buyer is stressful enough!
Do you know of any clauses I can get my solicitor to draw up to say they must be out by this date (before we exchange) and if they're not out by set date, any costs incurred by us (solicitors/ surveys) they will need to reimburse us for - is this standard practice in situations like this?

No, nothing is going to be binding in any way until exchange happens - that's the point of exchange of contracts. Before then, there is no contract. Everything is still up for negotiation and can fall apart. As we've said, if you want to protect your interests, don't waste your time or money on anything until the tenants are out. And carry on looking at other properties, obviously.

FTB_Help

Does insurance protect buyers in cases like this? i.e not being able to go through with the sale because the property is not vacant within a set time frame?