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

TripleH

If you like the house enough, then you can leave your offer on the table and say nothing to the vendor or estate agent. If they ask, simply say until you get a timescale for when the property is likely to be empty you have asked your solicitor to hold on any further work (they are happy to do this especially if they are busy).

Look around for alternative properties and sort yourself out in the meantime. If something better comes along, then yes formally withdraw from this sale

If the estate agent starts to harass you, then say you need a "guaranteed date for when you will have complete access to an empty property" as signed by the vendor and his solicitor before you proceed further (you won't get it, but it quantifies your position). The vendor may pull out the sale if they want shot but sadly that is life.

michelle09

I have never met an estate agent I could trust, so I wouldn't take much notice. They can't make the decisions for the seller. They can inform them and the seller can choose to remarket but that doesn't change the fact that the tenants are not required to leave yet and have apparently decided not to.

If it were me, I would start viewing other places (tell the EA/seller or not, you don't have to) and then withdraw if you find something else. Offers have no legal weight so you could start the process on another place without pulling out of this one. The last one is morally dubious but not illegal.

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.

When we sold we said we were prepared to go into rented (and meant it - we exchanged on our sale before our purchase) but a lot of sellers will say that and not.

Basically, my experience is that people lie or change their minds so make contingencies for yourself and your family that only rely on you.

Tatters26

Thanks for all these pieces of advice.

I thinm we'll see out next week, see what we're told on the day after they haven't left and if it's just "we've started the eviction process" then we'll keep the offer in place but view other properties on the basis that we can jump ship to a new property.

Ramouth

I know you hate me but I was just wondering if you could ask the relevant court for an idea of the timescales?  It would vary from area to area and at least then you would know where you stand.  

The process is already a fair way along as the S21 notice has passed. I came across this guidance for accelerated possession which is aimed at the tenant but quite clear on the process and other timescales: https://cornwall.cabmoney.org.uk/accelerated.asp

WRT leaving your offer on the table but alerting the agent know you are looking at other things - we did this and they just remarketed straight away.  They got another buyer within a week but it has not yet completed 8months later.

Tatters26

I don't hate anyone in life. It's too short. Thank you for the link.

We will certainly see what timescales are put to us. there is no point cutting off our noses to spite our face and being petty, but also we are not in a position to sit around and wait with no timescales. We can move in with family if this carries on but that is obivously a short-term fix.

AdrianC

Ramouth said:

I know you hate me but I was just wondering if you could ask the relevant court for an idea of the timescales?

They could theoretically give you an indication of roughly how many cases are in front, and roughly the throughput, but that doesn't mean it's going to be that long.

Maybe throughput will slow down.
Maybe cases ahead of you will drop out of the queue.
Maybe a hold will be put on new hearings again.

deannagone

To look at the other part of the problem that you raised some time ago.., you said you have to move out of your current property in October?  Is this a rented property or are you selling?  Apologies if you have already answered this, I can't remember the answer if you did.  I just can't face going through a ten page thread to double check lol.

As you are a FTB, I hope I am fairly safe assuming where you are is rented? Unless you have given notice yourself, just as with the property you are buying, it will take the LL some time (up to a year) to evict you if they decide to do this.., so in this situation the challenges a LL faces evicting a tenant will work in your favour.

Tatters26

deannagone said:

To look at the other part of the problem that you raised some time ago.., you said you have to move out of your current property in October?  Is this a rented property or are you selling?  Apologies if you have already answered this, I can't remember the answer if you did.  I just can't face going through a ten page thread to double check lol.
 

We are currently living with my mother-in-law free of rent, hence us being able to save up a deposit over the last year. Her house has been on the market for months and has finally sold and she exchanges/ completes in 3 weeks’ time or so. This was never a plan of ours, but we thought it may (through luck) work out well if we could move out before into the one we were meant to get but no such joy. We should've been exchanging/ completing about a fortnight before her. 

As I say this was never a plan or something we actively worked towards before someone says it was naive! Both dates just aligned like this.

So we have to move out of there and into someone else, likely another family member (as mother-in-law has relocated far away and therefore we cannot follow due to work/ schools) or renting I guess.

Mac_70_

Living with the mother in law, and with your imbedded tenants, geez Tatters you do have my sympathies .  

Tatters26

Mac_70_ said:

Living with the mother in law, and with your imbedded tenants, geez Tatters you do have my sympathies .  

I was thinking more off to the Traveldoge!