Caretaker?

Blotto17

So we’ve put an offer in and our mortgage application has been approved for a flat. Just waiting to move on to the solicitor side of things. We had a second viewing the property the other day. The EA did previously say it was vacant. There is evidence now of someone living there. 

I raised this with the EA afterwards. They said - there is a caretaker in there aware of the sale and will obviously leave by the time I have completed.


Is this something to be concerned about? I mean in a way I can understand why they’d want someone to stay there for the months it takes to sell to help pay the substantial service charge. 

prettyandfluffy

As long as the vendor gives you vacant possession - your solicitor will deal with this - I can't see why it would be a problem.

theartfullodger

In your shoes I'd not exchange until you have seen with your own eyes that the place is empty and nothing left behind.


Simply buying a place does not end any lodger agreement or tenancy: It just means you take over as landlord.. be careful

Blotto17

There is furniture in this place already which we have been asked if we want or not. It will cost us but it hasn’t been disclosed how much they want. We were pretty keen as it does look nice but we’re now thinking if we just say no furniture please, it means the “caretaker” will have to go as surely they can’t stay with no furniture.
 Also there was a noticeable difference in the cleanliness of the place from the first viewing to the second. The longer this person stays there the less hygienic it will get. 

bobster2

Blotto17 said:

 Also there was a noticeable difference in the cleanliness of the place from the first viewing to the second. The longer this person stays there the less hygienic it will get. 

Yes be concerned about whether there's a tenancy - but I think this point about cleanliness is not really relevant. Most times when you buy a property it's occupied right up until the morning of completion day. And people normally clean when they move in.

Jonboy_1984

I would advise your solicitor of this and leave it in their hands. When we bought our first property the owner had a lodger, and they had signed something confirming they would leave as part of the enquiries.

I believe it’s also common for owners children over the age of 16 years old to have to sign similar.

Blotto17

I feel like this person is identifying as a caretaker. 

Not entirely sure where this title leaves us legally with regards to signing things etc.
My hunch is everything will be fine. But this is the same vendor who originally wanted to continue viewing the property after accepting our offer. They eventually gave in after we said we’re not happy to proceed until it’s off the market. But it does leave us with that lack of trust.
Yet another bump on the bumpy road to ownership. Someone should’ve told me I needed a helmet.

user1977

Blotto17 said:

Not entirely sure where this title leaves us legally with regards to signing things etc.

It's irrelevant as far as "signing things" is concerned. You still sign the things! And one of the "things" is the contract which says the vendor has to provide you with vacant possession on completion, so the "caretaker" is primarily the vendor's problem. 

Although we do get stories here of tenants or disgruntled family members refusing to leave when they're expected to, I'm not sure it's worth getting overly worried about.

AlexMac

It’s unlikely that this person is a “resident Caretaker” employed by the freeholder to clean and maintain the block ( and if there was someone like that you’d be paying for them via your Service Charges?)
So I suspect the vendor has simply allowed a mate to squat there, with or without the protection of a Tenancy Agreement and with or without rental payment (which could create a de-facto tenancy).
My solicitor insisted on evidence of vacant possession when we bought a house which had been let for a couple of years, even though it was empty of all furniture. 

And when my wife sold her former marital home , the buyer insisted that her son, who still lived there, signed a legally binding document to say he was happy to move out!

So it’s fixable, as others say, by your solicitor, who may well be less picky than ours was and thus feel no action is necessary. But tell ‘em in case!

eddddy

Blotto17 said:

There is furniture in this place already which we have been asked if we want or not. It will cost us but it hasn’t been disclosed how much they want. We were pretty keen as it does look nice but we’re now thinking if we just say no furniture please, it means the “caretaker” will have to go as surely they can’t stay with no furniture.

Be careful not to overthink this, and start panicking.

You can mention to your solicitor that there appears to be an occupant in the house, and ask your solicitor to enquire about the occupant's status and plans for moving out.


If you are super-nervous about the situation, you could tell your solicitor that you will go to the property on the morning of completion to check that the occupant has moved out (or is in the process of moving out), and tell your solicitor not to complete until you've phoned to confirm that the property is vacant.


If the property isn't vacant on completion day, the seller will be in breach of contract, and you can probably claim damages from them.

Blotto17

Normally how long after completion day is moving in day? 

Sorry, FTB here. I start paying the mortgage from completion day?