House sale /Eviction of Tenants/Buy to let mortgage rates

Mallory1

The buyer does want vacant possession . They know there are tenants there , they are buying it to live there.

The tenant had been cooperative with viewings and being in touch with the inventory check out person etc so we hoped that despite their dubious behaviours they would be moving out. Or we would have taken action sooner . We wanted to avoid any acrimony especially  i am concerned for my familys safety.

It is what it is on the mortgage, i just wondered if anyone had any experience of any extraordinary measures during these extraordinary times ( i get that that is a total long shot but  I'd rather ask and be ridiculed than not ask and miss a titbit of information or advice that could have helped us )

Mallory1

GDB2222 said:

theartfullodger said:

GDB2222 said:

.....

We have a tenant who has been arrested for cocaine smuggling. He’s been in custody for ten days and there’s no indication that he’s going to be released. The flat is a shambles, with the door broken in by the police. Even though he may well be in jail for the next ten years, we are going through the formal eviction process as if he were still in residence. That’s going to take six months plus. It’s obviously right that we don’t add to his troubles by throwing him out onto the street, but it’s still annoying. 

There's a test case of someone serving 12 years sentence who was ruled to still have tenancy.

Yes, but it is somewhat ridiculous. I expect that the tenant would surrender his tenancy, as we would make it worth his while. If you know how to get in contact…? 

I hope it all works out for you. as quickly as possible. Someone had suggested the bribe approach to me yesterday, i understand this can be the best course of action to get possession back. It doesn't work for us in this situation.

On the mortgage rate -we are looking at alternatives but it seems all being well the best option is sucking it up, it is pretty crippling and a risk if things do not stay on track but moving into another fixed term is not the answer. It looks like our buyer will be fine to wait for the eviction to play out . It is a great flat and they want it , they are getting it at a steal becuase of our situation ( and are obviously still trying to knock us down.. )   fingers crossed

ProDave

Regardless of the naivety of the LL in this case, just WHAT was any solicitor, either buyers or sellers solicitor doing , allowing / advising their client to exchange contracts before vacant possession of the property could be guaranteed?

GDB2222

ProDave said:

Regardless of the naivety of the LL in this case, just WHAT was any solicitor, either buyers or sellers solicitor doing , allowing / advising their client to exchange contracts before vacant possession of the property could be guaranteed?

They have not exchanged.

[Deleted User]

Hopefully gets sorted soon, my s21 eviction took 6.5 months from start to finish.

Not unusual tenants not leaving even after notice due to been unable to find alternative accommodation, especially if they need council assistance. 

ddsg100

I am so sorry to hear that you're going through this - it sounds truly awful and just underscores how good honest hardworking people of this country have been let down by the system!

Having gone through the long arduous process of an eviction, and the fact that you have a buyer that presumably isn't going to wait around forever, I would personally go down the route of offering the tenant an incentive to leave.
  

housebuyer143

When I worked at a letting agent you saw all walks and some tenants were definitely seasoned at working the system so it could be they are too. Not too say they are, as the system is as it is and many are advised to remain put by the council and other organisations.

We had one landlord take a hand written letter to the tenant (because she ignored all communication) offering to wipe £2k arrears and return the full deposit to them if she left by a certain date and she was gone by that date. So if you really want this sale, it might be worth trying your luck with honey as they say. 
As you already have the court date though I imagine you have paid the vast majority out but please bare in mind that they will likely wait for the balifs and so you could be back to court to get this and a spiteful tenant could very well damage your house before they go.