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  • FIRST POST
    • andrewd28
    • By andrewd28 17th Apr 18, 6:48 PM
    • 13Posts
    • 2Thanks
    andrewd28
    Buying a tenanted house.. when will notice to tenant be served?
    • #1
    • 17th Apr 18, 6:48 PM
    Buying a tenanted house.. when will notice to tenant be served? 17th Apr 18 at 6:48 PM
    Hi all,

    I am a first time buyer and have finally had an offer accepted on a property I wanted.

    The property in question is currently tenanted and the landlord is selling.

    They have accepted my offer today and The estate agent has sent me the memorandum of sale.

    I need to know, when will the landlord give the current tenant 2 months notice? Or is it up to them?
    I understand buying a house usually takes 10-12 weeks, with the house being tenanted, should the landlord give notice now as hes accepted my offer. Or will they wait until its all gone through with surveys completed etc.

    Thanks

    Andy
Page 1
    • molerat
    • By molerat 17th Apr 18, 6:52 PM
    • 18,606 Posts
    • 12,753 Thanks
    molerat
    • #2
    • 17th Apr 18, 6:52 PM
    • #2
    • 17th Apr 18, 6:52 PM
    Who knows what the have your cake and eat it landlord will do. It can take 6 months or more to get a tenant out so don't commit to exchanging contracts until the tenant has gone.
    www.helpforheroes.org.uk/donations.html
    • RiversTam
    • By RiversTam 17th Apr 18, 6:57 PM
    • 59 Posts
    • 73 Thanks
    RiversTam
    • #3
    • 17th Apr 18, 6:57 PM
    • #3
    • 17th Apr 18, 6:57 PM
    I would want to do the survey and inspections after tenant leaves - you never know what they will leave behind.
    Plus - it can take months for a tenant to leave, so I wouldn't spend any money until they are gone personally.
    The trouble with having an open mind, of course, is that people will insist on coming along and trying to put things in it.
    • Smodlet
    • By Smodlet 17th Apr 18, 7:01 PM
    • 3,027 Posts
    • 6,090 Thanks
    Smodlet
    • #4
    • 17th Apr 18, 7:01 PM
    • #4
    • 17th Apr 18, 7:01 PM
    Did you want to become a landlord, OP?
    What is this life if, sweet wordsmith, we have no time to take the pith?
    Every stew starts with the first onion.
    I took it upon myself to investigate a trifle; it had custard, jelly, soggy sponge things...
    • franklee
    • By franklee 17th Apr 18, 7:03 PM
    • 3,644 Posts
    • 3,897 Thanks
    franklee
    • #5
    • 17th Apr 18, 7:03 PM
    • #5
    • 17th Apr 18, 7:03 PM
    It is up to the landlord but IMHO good practise says it should have already been served and the tenant left.

    You can help yourself by asking what the landlord has done. You could also familiarise yourself with the eviction process so you know what to expect.

    Also if you manage a viewing with the tenants present be polite and considerate towards them and ask what their plans for moving are. If you are lucky it may be them who have served notice and they may have somewhere to go lined up.

    Also let your solicitor know about the tenants so he can ask the relevant questions.

    You need to gauge when to formalise your mortgage application, you don't want it to run out while waiting for the tenants to leave. Likewise you may not want to pay for survey etc. before they have gone.

    If you don't ask you won't know. I'd take anything the estate agent says with a pinch of salt.
    • Smodlet
    • By Smodlet 17th Apr 18, 7:10 PM
    • 3,027 Posts
    • 6,090 Thanks
    Smodlet
    • #6
    • 17th Apr 18, 7:10 PM
    • #6
    • 17th Apr 18, 7:10 PM
    Totally agree with the above except for the "pinch" part. I'd take my own shovel...

    There are numerous threads on here from tenants whose homes are being sold out from under them. The advice is always the same: Only a tenant or a court can end a tenancy; a landlord can only serve notice and apply for a court order to evict.
    What is this life if, sweet wordsmith, we have no time to take the pith?
    Every stew starts with the first onion.
    I took it upon myself to investigate a trifle; it had custard, jelly, soggy sponge things...
    • Cakeguts
    • By Cakeguts 17th Apr 18, 7:24 PM
    • 4,366 Posts
    • 6,249 Thanks
    Cakeguts
    • #7
    • 17th Apr 18, 7:24 PM
    • #7
    • 17th Apr 18, 7:24 PM
    There are huge problems with buying a house that has tenants still in it. Sometimes they appear to be cheap for what they are and that is because the landlord is hoping to sell to another landlord.

    At the moment no one has any idea of what length of tenancy the tenants have. It could be a 12 months one without a break clause in which case the earlies the landlord can give notice to the tenants to leave will be in 12 months time. When they serve the notice to the tenants the tenants don't have to go after the two months they can stay until the landlord gets possession through a court. This can take longer than 6 months.

    When the tenants leave you will need to view the property again before you exchange contracts to make sure that the tenants haven't done a lot of damage to it before they left.

    It is not a good idea to exchange contracts on a property that has tenants in it unless you want to become a landlord in which case you would need a buy to let mortgage. These are difficult to get unless you already own a property which I assume you don't.

    It would be a good idea not to do any surveys or mortgage applications for this house until the tenants have left because this could be in more than 6 months time so it is better to wait until the tenants have left.

    The general advice is not to make an offer on a house that tenants are still living in and to wait until the property is vacant.

    You need to read up on evicting tenants so that you get some idea of how long you are likely to be waiting for them to go.

    This purchase could take a long time so if you are in a hurry you might want to withdraw the offer and look for something else because it is obvious from your OP that you don't understand what is involved with this one.
    • andrewd28
    • By andrewd28 17th Apr 18, 7:38 PM
    • 13 Posts
    • 2 Thanks
    andrewd28
    • #8
    • 17th Apr 18, 7:38 PM
    • #8
    • 17th Apr 18, 7:38 PM
    Ok thanks very much for all of the replies. I viewed the property while the current tenant was present and he was a really nice guy and really friendly and helpful told me everything what had been done in the house. Currently lives there with his family. The estate agent was 40 mins late so managed to have a good chat with him. I did feel for him as he said he really liked living there.
    I!!!8217;m buying for myself and family.
    I guess it!!!8217;s just a case of how greedy the landlord is and how the tenant reacts to the notice etc.
    Thanks again for the info, really is a tricky one and can see myself pulling out of this if im completely honest.
    Many thanks again, appreciate it.

    Andy
    • andrewd28
    • By andrewd28 17th Apr 18, 7:45 PM
    • 13 Posts
    • 2 Thanks
    andrewd28
    • #9
    • 17th Apr 18, 7:45 PM
    • #9
    • 17th Apr 18, 7:45 PM
    Tenant has been there 2 years
    • Cakeguts
    • By Cakeguts 17th Apr 18, 7:47 PM
    • 4,366 Posts
    • 6,249 Thanks
    Cakeguts
    Tenant has been there 2 years
    Originally posted by andrewd28
    That doesn't mean anything it is how long the tenancy agreement that he has got now that is important.
    • Old Git
    • By Old Git 17th Apr 18, 8:12 PM
    • 4,295 Posts
    • 3,740 Thanks
    Old Git
    After the tenant has gone ask for another viewing .
    "Do not regret growing older, it's a privilege denied to many"
    • Owain Moneysaver
    • By Owain Moneysaver 17th Apr 18, 8:18 PM
    • 8,074 Posts
    • 8,924 Thanks
    Owain Moneysaver
    Ok thanks very much for all of the replies. I viewed the property while the current tenant was present and he was a really nice guy and really friendly and helpful told me everything what had been done in the house.
    Originally posted by andrewd28
    How do you know that was the tenant and not a friend of the vendor masquerading as a helpful tenant?

    Are the selling and rental agents the same, and had he ever met the tenant before?
    A kind word lasts a minute, a skelped erse is sair for a day.
    • Quizzical Squirrel
    • By Quizzical Squirrel 17th Apr 18, 9:20 PM
    • 170 Posts
    • 4,573 Thanks
    Quizzical Squirrel
    I've been a tenant who has had houses sold under me several times.

    They usually want me out as soon as possible.
    I'm like a cockroach in an otherwise perfect property.
    They want me smoked out and exterminated long in advance of completion day.
    Just so they know my unwanted and inconvenient self is truly gone.
    LOL!
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