We didn't know our new house had tenants.

[Deleted User]

We viewed a house several times before buying-although obviously lived in ,we never saw the people who lived there.Exchanged contracts,received keys and arrived at house moving in day to find it still full of furniture.Long story short,unknown to us,the house was tenanted and the tenants refuse to move.We had to put our furniture in storage and spend a week in a hotel with our children,currently living in an AirBnB eight weeks later.Our solicitor refuses to have anything to do with it,he says his checks didn't turn up any tenants so nothing to do with him.The eviction process can take up to 40 weeks and tenant has just found herself pregnant again so no doubt that will extend things even more.The house is being trashed in front of our eyes,no rent is being paid,the previous owners have gone back to Australia and don't/won't respod to any communication-it seems to be a false address anyway as we can't find any trace of it online.So we're stuck paying for our  current accommodation and storage,huge legal fees and no light at the end of the tunnel.

tacpot12

That is an alarming and unusual situation. However, you have presumably insured the property from the point of exchanging contracts? If so, you might find that you have Legal Expenses cover as part of this insurance. 

If so, you can call the Legal Helpline to find out who you can turn to in that situation. Realisically, you are going to have to rent until you can evict the tenant. You will be able to get the tenant out, but it is going to take time. If you have it, your Legal Expenses insurance should cover the specialist legal avice you will need to evict the tenant.

Was there a letting agent involved in letting the propert to the tenant? If so, I would contact them asap and try to find out if the tenancy was setup correctly so that a Section 21 can be issued. Have you managed to issue a Section 21 notice yet?

How did you find the solicitor you used? 

You might also want to consider hiring a private investigator in Australia to trace the vendor. The money must have gone somewhere as well. Have you spoken to the vendor's solicitor yet? Have you contacted the Police to report this as a fraud? I expect the Police will say that it is civil matter, but I think you should try to get a legal opinion on that, and complain to the Police if they won't investigate something where the legal advice you have is that a crime has been committed.

fatbelly

What a nightmare. I don't think your conveyancer can wash his hands quite so quickly of this. Certainly not if the tenants can evidence they have an Assured Shorthold Tenancy and you now have legal fees to gain possession of a property you just bought.

I will be interested in views from a legal perspective

propertyrental

Do the sellers have any assets in the UK?

housebuyer143

fatbelly said:

What a nightmare. I don't think your conveyancer can wash his hands quite so quickly of this. Certainly not if the tenants can evidence they have an Assured Shorthold Tenancy and you now have legal fees to gain possession of a property you just bought.

I will be interested in views from a legal perspective

As part of the sale, the other side would have had to confirm if vacant possession was being given. If they said no, then your solicitor should have spotted this, if they said yes then the seller has literally lied to you and done a runner! 
Do you know which is it? 

theartfullodger

Congratulations on your new ownership of property.  You are now landlords of occupants   And have no right to move in, until and unless you evict through the courts or tenants decide to end tenancy.

Yes, even if outside with huge removals van and screaming three kids 

That previous owner sold with tenants probably means they knew they didn't have necessary paperwork to evict 

Don't forget to serve notice(s) compliant with s48 ; s3.  Or no rent due (s48) and possible fines and criminal charges (s3).

Good luck.

Linton

What an awful story.  Clearly you have the right to sue the vendor but if you cant find them that may be very difficult.

One little matter - what about your house insurance? Do they know that you now have tenants?

Sea_Shell

What a nightmare!!

Do you have a copy of the original listing (eg Rightmove).

Did the tenants know it was being sold, and let the agent in to take photos etc.   What line was spun to them?   Were they expecting a new LL?

RAS

There is a long tradition of visiting your purchase immediately before exchange, to ensure it hasn't flooded, been trashed or got resident tenants. Obviously if your seller didn't tell their solicitor that they had tenants, your solicitor might not have been alert to the potential issue.

Some people think this is over-cautious, but this case highlights the need for additional checks. And any delay in notifying your solicitor about the failure to provide vacant possession, even if you were looking for a room for the night, gave the seller more time to get away. 

Out of interest, who is recorded on the electoral roll?

housebuyer143

RAS said:

There is a long tradition of visiting your purchase immediately before exchange, to ensure it hasn't flooded, been trashed or got resident tenants. Obviously if your seller didn't tell their solicitor that they had tenants, your solicitor might not have been alert to the potential issue.

Some people think this is over-cautious, but this case highlights the need for additional checks. And any delay in notifying your solicitor about the failure to provide vacant possession, even if you were looking for a room for the night, gave the seller more time to get away. 

Out of interest, who is recorded on the electoral roll?

And what address what on the contracts for exchange? It should probably have raised alarm bells if it wasn't the property in question 

propertyrental

housebuyer143 said:

RAS said:

There is a long tradition of visiting your purchase immediately before exchange, to ensure it hasn't flooded, been trashed or got resident tenants. Obviously if your seller didn't tell their solicitor that they had tenants, your solicitor might not have been alert to the potential issue.

Some people think this is over-cautious, but this case highlights the need for additional checks. And any delay in notifying your solicitor about the failure to provide vacant possession, even if you were looking for a room for the night, gave the seller more time to get away. 

Out of interest, who is recorded on the electoral roll?

And what address what on the contracts for exchange? It should probably have raised alarm bells if it wasn't the property in question 

Yes - if tenants were living there, where were the owners/sellers living? Do they have/own another property in the UK?

If you can find them or their assets in the UK you have a good chance of recouping your losses for breach of contract (assuming your contract was 'vacant possession'!)