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

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  • TripleH
    TripleH Posts: 3,188 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    Agree with Mac_70.
    It also gives you time to reassess what you are looking for.
    This time last year we were in the process of buying a property we 'loved at that time', now what we are looking for has changed significantly and we are now glad that purchase fell through.
    Tatters26 in a year's time when you're settled in your new home, you'll look back and (hopefully) have a laugh about the whole clusterfudge.
    May you find your sister soon Helli.
    Sleep well.
  • A long thread and I'm probably just repeating what others have said.

    Tell the seller that you'll only purchase the property when the tenants are gone.  Then walk away.  Do not come back with assurances that the tenants are going, but when the tenants are actually physically gone.  Look for other properties in the meantime.

    This is why I couldn't be a landlord.
  • TripleH
    TripleH Posts: 3,188 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    Tatters26, we were waiting 9 months to buy the property I referred to above (it was a new build mill conversion) and in our minds our dream home, we'd sold all the unnecessary furniture we weren't going to need and bought some new crockery, a whole life mapped out for us. The last 6 months where we were living were awful.
    We reached the point of no return where we had to leave our current home for our health.
    We moved, found somewhere we liked that was completely different but loved even more, again sadly that wasn't to be but at least we are in a better place than we were even if we don't like the house we are renting. The best part is that our 16 year old cat has a new lease of life and that brings us happiness.
    I'm sure it will come good for you.
    May you find your sister soon Helli.
    Sleep well.
  • Some have mentioned bribing the tenants but how would that work in practice? You agree to pay once the tenants have vacated but would they trust you? And would you trust them to give them the money before they leave?

    Seems to me a bit like just adding another contract which is there to be broken and for you to go to court over.....And that is your current position with the rental contract.
  • GDB2222
    GDB2222 Posts: 26,278 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Some have mentioned bribing the tenants but how would that work in practice? You agree to pay once the tenants have vacated but would they trust you? And would you trust them to give them the money before they leave?

    Seems to me a bit like just adding another contract which is there to be broken and for you to go to court over.....And that is your current position with the rental contract.


    It's easier for the current owners to do the bribing, for exactly that reason.  There's no reason why the money could not be held by a solicitor, for release once the tenants have vacated.
    No reliance should be placed on the above! Absolutely none, do you hear?
  • 980233
    980233 Posts: 197 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    GDB2222 said:
    Some have mentioned bribing the tenants but how would that work in practice? You agree to pay once the tenants have vacated but would they trust you? And would you trust them to give them the money before they leave?

    Seems to me a bit like just adding another contract which is there to be broken and for you to go to court over.....And that is your current position with the rental contract.


    It's easier for the current owners to do the bribing, for exactly that reason.  There's no reason why the money could not be held by a solicitor, for release once the tenants have vacated.
    Bribing them to go where exactly when they have clearly stated they are needing to be evicted before the council will help them? I'm not sure they will be kicking their own can down the road so the LL can have an easier time selling with a dodgy S21.
  • Tatters26 said:

    So update.

    Today arrived. They haven't gone and gold stars to those who got it right! The Section 21 is invalid on a couple of points, so effectively they're still there with no eviction given at all.

    I realise this is an expensive lesson for us both as FTB, but should the seller's solicitor or even estate agent (who forwarded us the "eviction" notice back in June) have picked up on this? Or is this not their job? 

    I just think if you're an estate agent selling a property, the seller says he's evicted his tenants and they're serving notice and sends the EA the letter as proof, I'd like to think the EA would immediately say "this isn't valid, you need to send them X and Y" and we could've not wasted time on this?

    To be honest I wouldn't waste energy with that. Just learn from the experience not to go near a tenanted property and insist on vacant possession before exchange.
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