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

sheramber

Tatters26 said:

So, I'm sure this makes little difference but throwing it out there.

Just been told the council currently subsidise the rent of the tenant and it's not an entirely private agreement. The council were informed back in March this was to end in September, and the tenant wants their property back. I'm clutching at straws but I'm hoping this may speed it up, but I doubt it. 

I duck and prepare for a barrage of abuse!

 Sounds  like the council lease the house from the owner and sublet it .

e.g Highland Council state

Residential leasing scheme

We want to increase the number of houses we have to rent to people who need accommodation. If you are a private landlord, you can lease your property to us so that we can then sub-let the property to someone needing housing.

We are particularly keen to bring unused housing back into use, such as holiday homes or empty properties.

If you own property which may be appropriate, please contact your local housing office.

The process includes:

• Giving you a copy of a draft lease which you should seek independent legal advice about

• Inspecting your property. We will only take on properties that meet set minimum standards

• Doing any works necessary to bring the property up to that minimum standard. When the works have been completed, a further inspection is undertaken 
• Agreeing a date of entry and signing the lease 

The benefits to you

• You can continue to be paid rent but have no direct involvement in letting the property
• You do not have to manage the tenancy
• We let the property and we are the landlord of the tenant
• We deal with all aspects of the tenancy, such as collecting rent and all the extra costs associated with letting a property
• We guarantee to give the property back in the same condition as when it is first let, at no cost to you

   

[Deleted User]

Tatters26 said:

[Deleted User] said:

What do you want, them out on the street?

No, and I've never said that. What is it with people on here? I give up. I've had an offer accepted on a house and seem to be being attacked by idiots for asking for advice on what to do now I'm in this situation.

People seem to use this platform to tell people (like me in this situation) that I made a bad move, but offer little advice. I'm done with it. I've interacted with this forum on and off over a couple of years, on a different profile too, and each time it ends with people shoe-horning their own views onto others and not actually helping each other.

Your question asked about eviction timescales. Eviction is forcing them out. You asked us about forcing them to leave as quickly as possible.

The reality is when you are buying a house that is occupied by tenants you must accept that it will take them time to leave, just like it would take someone living in a home they own time to find a new one as well. It's just that with tenants it's usually the case that they can't afford to buy a house or they would have, and with the rental market the way it is you must expect it to take a long time for them to find somewhere. If they can find somewhere at all.

turnitround

To be fair, there is only one poster on this threads who has called other posters 'idiots'. 

theartfullodger

theartfullodger said:

Thatcher's 1988 Act gave the absolute right to tenants in these circumstances to remain until court, court possession order, bailiffs/hceo.  And they have the right to appeal to have judgement chucked out any time until bailiffs walk up garden path 

I'm sure we all wish to respect legal processes.

For the avoidance of doubt, I can't stand Thatcher.... 

Tatters26

turnitround said:

To be fair, there is only one poster on this threads who has called other posters 'idiots'. 

This place is sadly worse than Twitter! People don't know my reasons for looking, my timescales, my costs, etc yet seem to be (on occasion) painting me as the bad guy for literally asking for help, no more than that. It's bonkers.

I have to move out of my accomodation by 4th October, so this has more of a knock-on effect than just me wanting to "make someone homeless" as was an accusation yesterday. 

turnitround

Tatters26 said:

turnitround said:

To be fair, there is only one poster on this threads who has called other posters 'idiots'. 

This place is sadly worse than Twitter! People don't know my reasons for looking, my timescales, my costs, etc yet seem to be (on occasion) painting me as the bad guy for literally asking for help, no more than that. It's bonkers.

I have to move out of my accomodation by 4th October, so this has more of a knock-on effect than just me wanting to "make someone homeless" as was an accusation yesterday. 

It's understandable that you are frustrated, however its not necessary to be rude to other posters. There is no need for name calling.

AdrianC

Tatters26 said:

People don't know my reasons for looking, my timescales, my costs, etc

They are (unfortunately for you) totally irrelevant to the position you now find yourself in.

You are merely a spectator to a battle between your vendor and their tenants. The situation there has been explained - unless the tenant moves out voluntarily, it will likely be 2023 before the court makes them. And the local authority are very unlikely to provide accommodation until then, as they will be deemed to have moved out voluntarily (because that's exactly what they will have done).

I have to move out of my accomodation by 4th October, so this has more of a knock-on effect than just me wanting to "make someone homeless" as was an accusation yesterday. 

Again, this makes no difference to your currently stalled purchase.

Why do you "have to move out"? Because you gave notice? Or because your current landlord gave notice?

If your landlord gave you notice, then you are in the exact same position as the tenants in the house you thought you were buying.

If you gave notice, then while your landlord will have to seek possession in the same way if you fail to move out, you will be liable for double rent. This is why the usual advice is to not give notice until you have exchanged on your purchase. Your solicitor and lender will simply not allow you to exchange unless the vendor already has vacant possession. Until exchange, either or both sides can stall, delay, pull out...

gingercordial

Tatters26 said:

turnitround said:

To be fair, there is only one poster on this threads who has called other posters 'idiots'. 

This place is sadly worse than Twitter! People don't know my reasons for looking, my timescales, my costs, etc yet seem to be (on occasion) painting me as the bad guy for literally asking for help, no more than that. It's bonkers.

I have to move out of my accomodation by 4th October, so this has more of a knock-on effect than just me wanting to "make someone homeless" as was an accusation yesterday. 

Then at this point you need to focus on a back up plan, because that's the only part that's within your control.  Where will you be going if the tenants don't leave?

csgohan4

OP I hope you didn't give notice before you exchanged?

diggingdude

OP it's a learning curve sadly. I would move on but if this is the house for you then you need to make alternative arrangements until it's empty.

 Please don't be swayed by comments suggesting poor renters etc. They have options open to them to find a way to purchase their own property and have security. I write that as someone who only recently moved out of rented accommodation. We all know the score.

It sounds as though the tenants are going to wait until evicted to try get a council property. The government has made this a lengthy process in favour of the tenant so again I would recommend moving on and finding a house for sale that can actually be bought to move into