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Tenants preventing us buying property

(36 Posts)
Musicaltheatremum Thu 04-Jul-13 20:35:08

I am buying a flat in London for my daughter to live in with 2 friends. Put in offer at beginning of June, accepted, told tenant was moving out on 15th June. All going well and 2 weeks ago lawyer said all ready to exchange contracts and as we wanted flat quickly and vendor wanted quick sale I asked for completion on 5th July as I have work I want to do in it before the beginning of term at beginning of September and daughters wanted to move stuff out of her flat in Guildford.

Then I get a call from the estate agent saying all is going well BUT the tenants' new flat had fallen through and they were still there. Vendor trying to find them somewhere but also getting a court order to evict them.

This was 2 weeks ago. Still no further forward.

Does anyone know how Long it takes to get a hearing and eviction. Estate agent said 6 weeks to hearing which would be end of July and a week to evict so early August.

I am in Edinburgh so cannot just jump and find somewhere else plus the chance of getting something in 8 weeks is not easy. It is the 4th p,ace we have offered on. First one accepted but we withdrew due to horrendous survey. 2nd one accepted but they had omitted to tell me there was a tenant in it who would still be there. 3 rd one we were out bid. We've been looking since march.

Any legal advice or experience very helpful please.

lalalonglegs Thu 04-Jul-13 21:28:57

I had to evict a tenant earlier this year - application put in on 27 Feb, eviction date was 3 April (which I thought was reasonably fast - I was led to believe it could be much longer) BUT we then had to get bailiffs in who didn't come until the end of May. The vendor will also have to make sure all the paperwork is immaculate in order to for the eviction to go through.

To be honest, the tenant would be incredibly foolish to allow himself to be evicted, he will have enormous trouble finding another private rental and I believe it will show up as very nasty blot on his credit record.

lalalonglegs Thu 04-Jul-13 21:29:54

Sorry, that should read that the possession order was made for 3 April meaning that legally he had to leave on or before that date. Of course, the eviction took place when the bailiffs came in May.

Musicaltheatremum Fri 05-Jul-13 06:38:38

Thanks. That timescale seems to be what the vendors side are saying.
I am trying to remain calm but it is hard. They are actively looking for a place to live so fingers crossed. The vendor also has a property becoming vacant on 5/8 which he could move them into so we could get our flat but so up in the air.

lalalonglegs Fri 05-Jul-13 08:22:54

Why would he let tenants who are being difficult about leaving have amother property? London has a huge rental section - they could move into somewhere tomorrow, if they wanted. I'm not sure you should get your hopes up...

Musicaltheatremum Fri 05-Jul-13 14:32:11

They are applying for things but have been out bid apparently.

I am only sitting with it just now as I do not have the time to go down house hunting again. I have been hunting since march. Never thought it would be so difficult.

holidaysarenice Sat 06-Jul-13 12:18:19

I wonder are the tenants trying to get council housing. If so they have to be evicted before being classed as homeless and thus rising up the levels of need?

Damnautocorrect Sat 06-Jul-13 12:27:05

I was just going to say what the pp said, its pretty normal round here to do that as its the only way to get a council place. (Not far from Guildford) If that's the game i believe it needs to go to bailiffs or it is classed that they left the property of their own accord - how shit is that?!

lalalonglegs Sat 06-Jul-13 12:48:54

That's why I had to get bailiffs in. It is such a frustrating system angry.

Musicaltheatremum Sat 06-Jul-13 16:04:07

The problem is the flat is lovely and a good investment as there will be a station for the new cross rail about 5 minutes walk away.

I just feel that they will go eventually but wish I had a firm date so I can plan even if it meant getting some temporary accommodation in Acton initially.

lalalonglegs Sat 06-Jul-13 16:35:25

Chin up then, it will get sorted. The only thing that can stop it is if the LL hasn't protected the deposit or if the s21 notice is judged to be invalid on a technicality. It might be worth getting your solicitor to make enquiries about both so you don't end up waiting around for nothing.

Musicaltheatremum Sat 06-Jul-13 20:58:42

Thanks lala. We are waiting for his solicitor to respond to a few questions. No reply by Friday from Tuesday so will chase again on Monday.

Musicaltheatremum Tue 09-Jul-13 18:21:14

Well slight update. Got email from my lawyer saying the tenants have until Friday to object otherwise they are being evicted. I think as said above they may be wanting council housing.

lalalonglegs Tue 09-Jul-13 19:07:05

It all sounds suspiciously fast - if he is going to get a possession order in the next few days, then this saga has been going on a while and he's basically lied. If the tenant is sticking it out for council housing, then it will still be several weeks until the bailiffs can come in under normal circumstances.

Crumbledwalnuts Tue 09-Jul-13 19:13:38

You poor thing. Tenants who overstay notice are little more than squatters. It takes ages to get them out even if right is on your side.

Crumbledwalnuts Tue 09-Jul-13 19:14:36

They can't be evicted by bailiffs within days, unless he got a Section 8 or is it 20? some weeks ago. And he can't get one of those, only you can. I don't understand.

Crumbledwalnuts Tue 09-Jul-13 19:15:03

Oh yes an S21.

Musicaltheatremum Thu 11-Jul-13 07:06:04

I can't get anything as I don't own the property but the solicitors have discussed it and my solicitor didn't seem to be dubious about it. I am in Scotland to the law is different and easier up here. Anyway will know by the weekend.

Musicaltheatremum Thu 11-Jul-13 07:08:06

I do wonder if the original date 15th June was a date that they should have been out legally and hence another 4 weeks down the line they may be going.

Elansofar Sat 13-Jul-13 18:42:54

Do you want my bloke and his mates to move in with them for a few days. Trust me, they will move out very quickly and probably leave their stuff.

Musicaltheatremum Sat 13-Jul-13 19:51:30

Elansofar, lol. I was in the flat today and they are still there. Grrrr. I asked the husband when they were moving and he said hopefully this week. The wife is really quite sweet allowing is to sit down and wait for a friend to see the flat too.

Elansofar Sat 13-Jul-13 20:07:08

I'm serious, do you know any 'professional' heavy blokes who could watch the place discreetly and 'move in' as squatters when your overstayers are out shopping? You then pay the heavvies/squatters a small fee for Vacant possession. If they are good they will help your overstayers move out by putting their possessions out on the front garden. I mean it would be an easy job, it's not like your overstayers are a Russian drug gang.

MrsSchadenfreude Sun 14-Jul-13 11:44:36

shock

Twunk Sun 14-Jul-13 12:15:39

I think Elansofar doesn't understand the "legal" bit of "legal matters"

Vote for worst advice ever!

OP I wish you luck with the purchase.

Wuldric Sun 14-Jul-13 12:20:55

Blimey! Just ... blimey smile

Could your gang of heavies come and sort my teens out? Just rough them up a little. No broken bones or anything. It'd be an easy job ...

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