Tenants won't leave property we're buying..

980233

babyblade41 said:

The EA is desperate, you are in the driving seat and he knows even if he did re-market the next buyer will do the exact same thing .

I wouldn't hold the offer on the table either ..

I wonder if the sitting tenants have made the viability of this property difficult previously and EA trying scare tactics on a novice FTB. Did he have a cheap suit and a battered BMW when he showed the property?

Tatters26

980233 said:

I wonder if the sitting tenants have made the viability of this property difficult previously and EA trying scare tactics on a novice FTB. Did he have a cheap suit and a battered BMW when he showed the property?

He wasn't there, his job title on emails is "Negotiator" and it was another agent that showed us round both times we looked.

I have seen the letter asking the tenants to vacate, and it talks about the family selling the home finally and giving 6 months notice. So I don't think it has been on before, or at least in recent history as the family have owned the house since it was built in 1988.

Slithery

Tatters26 said:

I have seen the letter asking the tenants to vacate, and it talks about the family selling the home finally and giving 6 months notice. So I don't think it has been on before, or at least in recent history as the family have owned the house since it was built in 1988.

Was it an actual S21 notice or just a letter? If it was just a letter then they haven't even been given notice yet, it has to be on the proper form...

https://www.gov.uk/guidance/assured-tenancy-forms#form-6a

AdrianC

Tatters26 said:

I have seen the letter asking the tenants to vacate, and it talks about the family selling the home finally and giving 6 months notice.

Wow.

Somebody's going to get their "notice" handed back to them by the court in 2023. Those tenants are staying put.

Tatters26

Slithery said:

Was it an actual S21 notice or just a letter? If it was just a letter then they haven't even been given notice yet, it has to be on the proper form...

https://www.gov.uk/guidance/assured-tenancy-forms#form-6a

It was the S21.

deannagone

Please understand, I'm not trying to be rude.., but are you sure it was an actual S21.., you did say letter?  I'm only asking because this means you will be waiting even longer.

I am afraid if the LL is dealing with tenants who know what they are doing, who want to delay moving out as long as possible, any mistake the LL/LA make in the issuing of a S21 (not informing the tenant where deposit is protected, not protecting deposit, no EICR, no How to Rent leaflet and other things) the court will throw out the case. https://england.shelter.org.uk/housing_advice/eviction/section_21_eviction/challenging_a_section_21_notice_in_court  ~This is obviously on a website the tenants can view freely.

I know when my LL was selling, once he'd issued a S21 I'd had enough of the stress of dealing with the LL (he was very difficult and didn't do repairs), I just wanted the process to be over and didn't object when I could have done.  I was just worried insanely as to whether we'd be on the streets or not (council wasn't exactly helpful).  But not all tenants are like this.

I am sorry for the circumstance you are in.

Tatters26

I was told it was, as its a very formal form in parts listing what you've said, but who knows at this point. I've literally lost the will and have entirely given up on the property. I'm looking at moving back into a rental ASAP and putting buying somewhere on ice if, as expected, next week the house is still being lived in.

MoJoeGo

Tatters26 said:

I was told it was, as its a very formal form in parts listing what you've said, but who knows at this point. I've literally lost the will and have entirely given up on the property. I'm looking at moving back into a rental ASAP and putting buying somewhere on ice if, as expected, next week the house is still being lived in.

 Completely understandable... that said it would probably be worthwhile mugging up on what makes for a valid versus invalid S21 (there was a guide on here somewhere I believe, I'm sure someone will have a link available). 

If not for the current property - which I'd agree is probably a lost cause - at least for your own benefit if going back into rental. Who knows, you may find you could benefit from an invalid S21 in future!

badger09

@Tatters26

I really feel for you and agree others have been harsh in their comments. The vendor is at fault here though, not their tenants.

We lost a house because tenants in our vendor's onward purchase wouldn't vacate, so we had to break the chain and move to temp accommodation while we found somewhere else. Our EA told us there would be no problem with tenants vacating - but that was just spiel!

If the tenants move out  - great. But if they don't, you don't know whether the S21 notice was valid. So, my advice would be to leave your offer on the table and look elsewhere. Tell the EA you are doing this. If the vendor decides to remarket, they're going to hit the same problem unless they sell to a BTL investor who will take on the tenants. That could happen at any time anyway, so you have nothing to lose by doing this.

Good luck

michelle09

RatInACage said:

michelle09 said:

We bought our first house from a divorcing couple, slightly nervous but fully believed that EA who told us the husband would definitely move out and into rented (the wife already had). The husband was still there and not packed after completion...I wouldn't buy from a divorcing couple again.

I really need to know the end of this story.

Now it's funny. Back then it really was not. So we got there and the key didn't work. We phoned the EA, who then phoned the wife, who phoned her ex.

He turned up not long after as he 'didn't realise he had to leave' and 'well you're not moving in until next week anyway'.

He managed to get a van, ran around for an hour grabbing everything he wanted and told us to keep the rest. We made him sign a piece of paper stating that he relinquished ownership of them and we knew we'd need a waste removal company anyway (there was a green mattress and toilet in the back garden for starters).

About an hour later he phoned up and told us he hadn't got his money and started yelling abuse. Said we had stolen from him and he should never have left the house.

We told him to phone his solicitors as everyone else agreed that it had completed. We never heard from him again.

The following day we had a phone call from the EA. It turned out that he a) thought money would go straight to him and not lawyers, and b) that they were selling a shared ownership home on the open market. He thought he paid the housing association the 75% based on his purchase price of £120k and not the sale price of £440k. So he was expecting £150k and we think that after mortgage and outstanding charges that he got about £20k - assuming a 50:50 split with his ex.

We were told he spent all day in the EA's office screaming at everyone available.