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  • FIRST POST
    • lew_1987
    • By lew_1987 11th Jul 19, 6:55 PM
    • 18Posts
    • 25Thanks
    lew_1987
    Tenant asks for extra week, holding up completion
    • #1
    • 11th Jul 19, 6:55 PM
    Tenant asks for extra week, holding up completion 11th Jul 19 at 6:55 PM
    Hi,

    We've been in the process of buying our first house, with a tenant living there at the time. She was given her notice more than 2 months ago, and we were due to complete next week (16th). Tomorrow (12th) we were due to do our final inspection and with everything else seeming fine, we transferred all the required funds to the solicitor today, in preparation for exchange (due to happen on the 15th). This afternoon, we heard from our solicitors that the seller's solicitors wanted to change the completion date to the 17th. I asked why and was told that the tenant had been given an extra week at the property... It turned out that she had rang the property managers (at the same agent that is marketing the property) and they had agreed to let her have it, without the vendor or either party's solicitors being informed! This is after she asked the landlord for an extension a couple of weeks ago and was already told "no".

    We are beyond furious and aren't sure how to proceed. As mentioned before, we haven't exchanged yet and since the vendor wasn't the one that agreed to the extra week, I'm not sure how accountable she could be for that. As this happened late in the day we've managed to make some calls but our estate agent can't understand why the extra week was given, and neither the agent or our solicitor could tell us how to proceed at that time.

    Is there anything you would suggest we can do to get completion back to the 16th and get the tenant out on time? We just want the sale to go through as agreed next week, and obviously want to avoid any serious proceedings. The only thing we can think to do is try to speak to the agent again tomorrow and get an explanation for why this has happened, and then go from there.

    I appreciate any advice you can offer! Thanks.
Page 2
    • deannatrois
    • By deannatrois 12th Jul 19, 12:40 AM
    • 6,174 Posts
    • 8,673 Thanks
    deannatrois
    The only useful time to do an inspection is after the tenant has left. There is no point to an inspection now, before she has left.

    I doubly reinforce the point others have made. Please don't go to speak to the tenant. You won't help yourself and could so easily say the wrong thing (obviously you have some anger, and surprise at this development, that understandable but not helpful if it comes out if the tenant tells you rudely where to go, she has to make sure she has somewhere to live).

    Leave it for now. You aren't the owner. There's nothing helpful you can do. There's so much you could do to mess the process up.
    • Slinky
    • By Slinky 12th Jul 19, 5:17 AM
    • 6,164 Posts
    • 29,131 Thanks
    Slinky
    ^^^^^^ This
    • AnotherJoe
    • By AnotherJoe 12th Jul 19, 6:47 AM
    • 15,183 Posts
    • 18,280 Thanks
    AnotherJoe
    Classic "have cake and eat it" LL behaviour. There was another fraught thread a few weeks back along similar lines, buyer panicking that tenants wouldnt move out. (They had goen one step beyond you and exchanged with tenants still in residence)

    I really dont see what your "inspection" will accomplish. You have zero relationship with the tenant and worst case (For you, best for her) she will realise she has you and LL over a barrel and can start making all sorts of demands for her to move out on time.
    DT got it bang on "There's so much you could do to mess the process up."
    Unless you are happy to go in and offer her a few grand to move out on the original date, then leave well alone.And don't (I know you've said you wont) even contemplate a same day exchange and complete.
    At the moment all bets are off. An extra week might turn into 6 months. If the tenant posted here advice would be to see what she could get from LL in exchange for moving out on LL's schedule.
    • Calpol4life
    • By Calpol4life 12th Jul 19, 6:58 AM
    • 39 Posts
    • 90 Thanks
    Calpol4life
    Unless there are typos, isn’t this moving the completion date by just one day?

    If so, it’s abit of an overreaction imo.
    • AnotherJoe
    • By AnotherJoe 12th Jul 19, 8:11 AM
    • 15,183 Posts
    • 18,280 Thanks
    AnotherJoe
    Unless there are typos, isn’t this moving the completion date by just one day?

    If so, it’s abit of an overreaction imo.
    Originally posted by Calpol4life
    No, it's much more than moving the completion date.
    Its reducing the time between getting a vacant property , exchanging (in that order) and completion from a manageable week, to all on the same day. Which is very risky and worst case if the tenant reneges leaves the OP being a LL with nowhere to live. So not an overreaction at all
    Please dont criticise my spelling. It's excellent. Its my typing that's bad.
    • Calpol4life
    • By Calpol4life 12th Jul 19, 9:16 AM
    • 39 Posts
    • 90 Thanks
    Calpol4life
    No, it's much more than moving the completion date.
    Its reducing the time between getting a vacant property , exchanging (in that order) and completion from a manageable week, to all on the same day. Which is very risky and worst case if the tenant reneges leaves the OP being a LL with nowhere to live. So not an overreaction at all
    Originally posted by AnotherJoe
    No it ainít?

    The previous plan was to inspect on Friday 12th, exchange Monday 15th and complete Tuesday 16th.

    Tenant was always due to move out Friday 12th (as stated by OP)

    How is whatís now being proposed much different? The tenant wants the weekend to move out?

    Iím not disputing the risks between dates, but these risks were present on the original deal?

    Just sayin, op is kicking up over 1 days difference in a deal that was previously considered acceptable.
    Last edited by Calpol4life; 12-07-2019 at 9:19 AM.
    • AdrianC
    • By AdrianC 12th Jul 19, 9:43 AM
    • 23,670 Posts
    • 22,824 Thanks
    AdrianC
    The tenant "reneging" carries no risk of the OP becoming a landlord - because the OP simply won't exchange until vacant possession is confirmed.

    Yes, that carries the risk of exchange/completion being further delayed... Which is where we're at now anyway.

    Ultimately, remember the tenant doesn't need to "ask" for another week. They simply stay. They would have a couple of months before anything actually starts to remove them from occupancy. The very fact they've asked for a weekend - no more - suggests they really do plan to play by the book.
    • need an answer
    • By need an answer 12th Jul 19, 9:46 AM
    • 1,995 Posts
    • 2,388 Thanks
    need an answer
    The only useful time to do an inspection is after the tenant has left. There is no point to an inspection now, before she has left.

    I doubly reinforce the point others have made. Please don't go to speak to the tenant. You won't help yourself and could so easily say the wrong thing (obviously you have some anger, and surprise at this development, that understandable but not helpful if it comes out if the tenant tells you rudely where to go, she has to make sure she has somewhere to live).

    Leave it for now. You aren't the owner. There's nothing helpful you can do. There's so much you could do to mess the process up.
    Originally posted by deannatrois
    Very wise words that OP you should be taking....
    in S 29 T 9 F 34
    out S 32 T 11 F 45
    2017 -32 2018 -33
    • societys child
    • By societys child 12th Jul 19, 10:25 AM
    • 6,345 Posts
    • 7,421 Thanks
    societys child
    I agree that you should cancel the inspection, you say you're furious, stay well away.


    You've nothing to gain, and could make things much worse.


    Have you thought, human nature what it is, she may already hate you, and blame you for having to leave her home. I'd stay away . .

    • gingercordial
    • By gingercordial 12th Jul 19, 11:23 AM
    • 1,353 Posts
    • 1,508 Thanks
    gingercordial
    Another vote for don't go.

    - The tenant has no obligation to let you in anyway. Personally I wouldn't.

    - They may be very suspicious of why you are there - are you going to argue with them? Try to question them? (To be honest, that's exactly what you're going to do!) So will immediately be on the defensive and hostile to you turning up, even if they do let you in. You're already the person they see (along with the landlord) as chucking them out of their home.

    - That means that anything you say is likely to be taken the wrong way, even if you mean it nicely! Thus antagonising them even if you don't mean to.

    - They might therefore decide to stay and wait for proper eviction. If they had any remaining goodwill towards the landlord (or even more vague goodwill towards you, a stranger buying their home) this will disappear and they might well find they can't be bothered with the cost and hassle of moving just yet.

    - In any case there's no point risking any of the above and inspecting now, when they might trash the place over the weekend, and so you are going to have to inspect again anyway.

    It's a complete waste of your time and theirs, with a very high risk of making this much worse.
    • SpiderLegs
    • By SpiderLegs 12th Jul 19, 11:33 AM
    • 306 Posts
    • 408 Thanks
    SpiderLegs
    Oh dear I feel really sorry for you being in this awful situation.


    ...is what I would say if I met the tenant.
    • lisyloo
    • By lisyloo 12th Jul 19, 11:44 AM
    • 25,100 Posts
    • 13,348 Thanks
    lisyloo
    How is whatís now being proposed much different? The tenant wants the weekend to move out?

    Iím not disputing the risks between dates, but these risks were present on the original deal?
    .
    Originally posted by Calpol4life
    If you book a moving firm and donít move you have to pay them if there is no notice.
    If you give them notice you usually donít have to pay them.

    If youíve taken time of work then it might be lost especially if itís part way through the actual day that things fall apart.
    Some people lose hundreds of pounds for a day off work and for the self employed that real money not just a holiday allowance.
    • jimbog
    • By jimbog 12th Jul 19, 3:07 PM
    • 925 Posts
    • 1,579 Thanks
    jimbog
    Oh dear I feel really sorry for you being in this awful situation.


    ...is what I would say if I met the tenant.
    Originally posted by SpiderLegs
    ...or indeed what the tenant may say to you.

    Even though you are understandably frustrated and want to do something, sometimes not doing something is the best course of action - so don't go
    Always remember that you are absolutely unique. Just like everyone else.
    • lew_1987
    • By lew_1987 13th Jul 19, 7:44 AM
    • 18 Posts
    • 25 Thanks
    lew_1987
    Thanks for those who had constructive things to say, it definitely helped us reconsider our approach. Our estate agent had advised us to go and see the property as they weren't informed by their own property management department what was happening! We can understand why going to talk to the tenant could have completely exacerbated the situation.

    We really aren't bothered about an extra few days here and there, so whoever was saying that has probably missed the point! We were frustrated with being messed around with no proper explanation, and the lack of information led us to believe all sorts of things (just look at some of the 'doom and gloom' replies here about what can happen when a tenant refuses to move out!).

    HOWEVER: The situation seems mostly resolved now. Yesterday morning we were able to get a full explanation out of the estate agent, and essentially there were a lot of people not talking to each other when they should have been! In their own words, they "ballsed up". The tenant wanted the extra time because they had a genuine mix-up on their end picking up keys to move out - if we had known this situation, we would have been very understanding about the situation, and happy to let her have a few days to sort that out.

    We have since been to the property to do some measuring up and had no intention to confront/pressure/or even talk to the tenant at all. In the end we didn't have to, as she was very forthcoming with us and told us about her issues. There seems to be an understanding between us now, and everything looks to be going ahead (the property is nearly empty now) :-) We are luckier than most and in the end, we are glad that we went over to the property.

    It just proves how crucial proper communication is in these situations. All sides didn't have the full story and this has led to a lot of confusion and panic!
    • RedFraggle
    • By RedFraggle 13th Jul 19, 7:51 AM
    • 824 Posts
    • 2,284 Thanks
    RedFraggle
    Good news!
    Officially in a clique of idiots
    • onwards&upwards
    • By onwards&upwards 13th Jul 19, 8:52 AM
    • 865 Posts
    • 1,737 Thanks
    onwards&upwards
    Good news, but please do remember that it’s still the tenant’s home and it was very generous of her to let you do all your measuring up etc. I wouldn’t have.. I hope you thanked her profusely!
    • lew_1987
    • By lew_1987 13th Jul 19, 9:18 AM
    • 18 Posts
    • 25 Thanks
    lew_1987
    Good news, but please do remember that itís still the tenantís home and it was very generous of her to let you do all your measuring up etc. I wouldnít have.. I hope you thanked her profusely!
    Originally posted by onwards&upwards
    Of course we did :-) She was lovely about it all, and it was good we were able to wish each other the best of luck.
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