Buying a house which is currently rented

lookstraightahead

In the same way as a seller won't move until they've found somewhere else, a tenant has the same issue.

if they've got nowhere to go, they can stay put as long as possible. 

GDB2222

macman said:

GDB2222 said:

I can’t give a percentage, but most tenants leave when they get a S21 notice. 

Really? Despite a minimum notice requirement of 2 months notice?
I can't give a percentage either, but a high proportion of S21's are invalid. The reason many are not challenged is because the tenant is not aware of the statutory requirements.

Most people don’t want the stress of a court case. It may not be convenient to leave, but will it be any more convenient in six or nine months time? 

And, no, I’m obviously not saying that they move out the same day they get the notice, but towards the end of the two months, once they have found something else. 

patchyX2

Forgive my ignorance - I've never rented, or considered being a landlord - but what is the process for a tenant leaving a rented property then (assuming they don't want to go)?

It sounds like the landlord would need to serve a section 21 notice (minimum 2 months notice). When that notice period is up, the tenant either leaves the property, or the tenants refuse and the landlord has to wait for a court order to evict them, which could take further months. Is that right?

Even if the tenancy agreement is coming to the end, and the tenants have agree to leave the property, then I guess the risk is that they change their mind last minute so the landlord has to go down the section 21 route, adding 2 months minimum to the eviction process?

I also didn't consider the 'vacant possession' proviso that the mortgage provider would require, so thanks for highlighting that.

user1977

3card said:

Are you having a mortgage? If so the lender will insist on vacant possession before completing

Well, so will any buyer, unless they actually want to become the new landlords of the current tenants. A mortgage being involved doesn't really make this aspect any different.

eddddy

PledgeX2 said:

I also didn't consider the 'vacant possession' proviso that the mortgage provider would require, so thanks for highlighting that.

As above, it sounds like you might have been misguided by a strange comment by @3card .   

You require 'vacant possession on completion' because you want to live in the property.

It would be the same with any property you buy - you want it to be empty (vacant) after you've bought it, so that you can live in it.  It doesn't matter if it's currently tenanted, owner occupied or whatever.

i.e. After you buy it, you don't want the current owner to be still living in it, or the current owner's family, or tenants or squatters or anyone else.

So the mortgage lender saying they require 'vacant possession on completion' as well doesn't change anything.

newsgroupmonkey_

PledgeX2 said:

Forgive my ignorance - I've never rented, or considered being a landlord - but what is the process for a tenant leaving a rented property then (assuming they don't want to go)?

It sounds like the landlord would need to serve a section 21 notice (minimum 2 months notice). When that notice period is up, the tenant either leaves the property, or the tenants refuse and the landlord has to wait for a court order to evict them, which could take further months. Is that right?

Even if the tenancy agreement is coming to the end, and the tenants have agree to leave the property, then I guess the risk is that they change their mind last minute so the landlord has to go down the section 21 route, adding 2 months minimum to the eviction process?

I also didn't consider the 'vacant possession' proviso that the mortgage provider would require, so thanks for highlighting that.

If the tenants have agreed to surrender the property on a given date, then they MUST leave. Or pay double rent.

macman

GDB2222 said:

macman said:

GDB2222 said:

I can’t give a percentage, but most tenants leave when they get a S21 notice. 

Really? Despite a minimum notice requirement of 2 months notice?
I can't give a percentage either, but a high proportion of S21's are invalid. The reason many are not challenged is because the tenant is not aware of the statutory requirements.

Most people don’t want the stress of a court case. It may not be convenient to leave, but will it be any more convenient in six or nine months time? 

And, no, I’m obviously not saying that they move out the same day they get the notice, but towards the end of the two months, once they have found something else. 

More stressful than being homeless if they are unable to secure alternative accommodation within the two month notice period?

lookstraightahead

GDB2222 said:

macman said:

GDB2222 said:

I can’t give a percentage, but most tenants leave when they get a S21 notice. 

Really? Despite a minimum notice requirement of 2 months notice?
I can't give a percentage either, but a high proportion of S21's are invalid. The reason many are not challenged is because the tenant is not aware of the statutory requirements.

Most people don’t want the stress of a court case. It may not be convenient to leave, but will it be any more convenient in six or nine months time? 

And, no, I’m obviously not saying that they move out the same day they get the notice, but towards the end of the two months, once they have found something else. 

With all respect on another thread you have said you won't rent and you won't move til you have bought somewhere. 

Maybe the tenants want to buy in 9 months time as they are still looking for their dream home, so why should they move any more than a vendor? 

Maybe they can't get a mortgage for another 6 months, or maybe they want to live in a specific area.

thats why my opinion is for the buyer to wait until the tenant leaves before spending any money.

EndlessStruggle

I bought a house where the tenants were quite rightly peeved after receiving a text message saying "We're selling the house, it's going on the market in x days and there'll be viewings"

They quite rightly did everything they could to avoid the sale taking place and were very angry about it. I would be too.

They were just angry and you can't blame them for that.

But they left before their s21 was up.

It's a toss of a coin whether they will leave or not and they don't have to until the bailiffs turn up.

It is up to you if you want to take the risk.

You won't be able to exchange until it's empty.

If you really, really love the house, two months isn't too much time to wait whilst the paperwork goes through to see if they leave at the end of the S21.

It wouldn't cost too much if you have a no sale no fee solicitor and hold off the survey until it's empty.

You'd only really lose the money for the searches. 

GDB2222

macman said:

GDB2222 said:

macman said:

GDB2222 said:

I can’t give a percentage, but most tenants leave when they get a S21 notice. 

Really? Despite a minimum notice requirement of 2 months notice?
I can't give a percentage either, but a high proportion of S21's are invalid. The reason many are not challenged is because the tenant is not aware of the statutory requirements.

Most people don’t want the stress of a court case. It may not be convenient to leave, but will it be any more convenient in six or nine months time? 

And, no, I’m obviously not saying that they move out the same day they get the notice, but towards the end of the two months, once they have found something else. 

More stressful than being homeless if they are unable to secure alternative accommodation within the two month notice period?

Clearly, as we all know, some tenants won't move out on the expiry of the S21 notice.

All I said is that most tenants will leave more or less on time. That's not just because they want a reference, they don't want a fight, etc, although those are good solid reasons. A lot of people would just think it's the right thing to do.

Some tenants may have genuine difficulty moving, of course, and the LL may have to help them financially, or they may simply need more time. 

I really see nothing controversial about any of that?