Survey fees for cancellation

BthnlGrn

I’m buying a property that currently has tenants. I have arranged a survey and EA gave surveyors tenants contact dets to arrange date etc 
When the surveyors turned up to do survey no one was in and they couldn’t access property. 

Surveyors say they sent reminder text to tenants and they didn’t receive any calls to rearrange date so it’s  a 50% fee as cancellation on the day. 

I feel it’s really unfair I foot this. 

Seller won’t pay fee as they don’t need the survey.
I think EA should pay. 

Surveyor, rightly, won’t rebook until fee paid.

Thoughts?

The tenants contract isn’t up til end of August so it’s not possible to wait until they move out to do survey. 

macman

If the tenants agreed a time and date then surely they should be paying? I cannot see why you think the EA is liable?

Carrot007

BthnlGrn said:

The tenants contract isn’t up til end of August so it’s not possible to wait until they move out to do survey. 

But you really should. They might not move out and they have no reason to engage wuith your surveryor. That is the sellers responsibility and in my view they should pay based on trying to palm if off to the tennants.

user1977

BthnlGrn said:

Seller won’t pay fee as they don’t need the survey.

But presumably they do need you to have had the survey in order to sell their property?

I don't see why the EA should pay, it's neither their property nor their fault that the tenants didn't provide access.

m4x1ne

Boo what a miserable situation, sorry. Unfortunately I think you'll need to be the one who pays - it's you who has a contract with the surveyor. You could try again to get the vendor to reimburse you (by threatening to pull out) as it's their tenants who broke the appointment.

That said, I'd be really cautious about proceeding while the property is tenanted with people who aren't particularly enthusiastic about helping your purchase along (which is totally fair enough of course - why would they be). This isn't a great sign.

eddddy

As above - it's not a good sign, if the tenants are being obstructive. I guess it could be an indication that they're not going to be cooperative about moving out.

Or maybe it was just an breakdown in communication somewhere...



I doubt that you have any legal basis for claiming your lost fees back from anyone.  But maybe you could try saying to the seller that you'll walk away, if the seller doesn't reimburse you.

deannagone

It could be that the situation was badly handled, with tenants being 'told' by EA one of them had to take time off work to accommodate surveyor or they just didn't want to be helpful.  However a 50% fee is a bit tough.  But I suppose its on the contract.

Personally I too would wait until tenants have left before proceeding any further.  Its a lot of money to throw down the drain.  You don't want to do it again.  

AdrianC

BthnlGrn said:

The tenants contract isn’t up til end of August so it’s not possible to wait until they move out to do survey. 

Do you think that means that they're guaranteed to move out at the end of August?

When you say their "contract is up", do you mean they were served valid s21 notice back in February, or do you mean the fixed period of their tenancy is expiring?

If t'were me, I would not be arranging one more thing until the vendor has vacant possession.

m0bov

Don't do anything until the property is vacant. Ea should be giving access with keys.

Weathergirl_76

I think as the others have said, you are probably liable to pay the fee.  Moving forward, if you need to have the survey done before the tenants move out, can you arrange this via the owner of the property and the surveyor, and state that if access is not obtained on this occasion, the fee will be deducted from the purchase (assuming it goes ahead to completion). I don’t know the legalities of landlords getting access, but I would imagine with notice they can arrange it with the tenant. Good luck. 

NameUnavailable

You will have to pay the fee, but I would be asking the vendor for a contribution. Or, get the survey and then negotiate down on price given that there are always going to be some issues with the property.

The big risk though is that they surveyor can't get in next time and you end up with another pointless bill!

Personally I would hold off trying until the tenants have vacated. As others have mentioned there is a real chance that they have no intention of leaving anytime soon.....