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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.

confusedofengland Tue 06-Aug-13 07:46:00

We asked him to, Boom. He did make us fully aware of the risks & advised against exchange, but we wanted to go ahead for many different reasons. So, in that way, we put ourselves in this position!

It is interesting & reassuring to know that the bailiffs can & will force entry, from advice that I had read on here to people facing bailiffs in other circumstances, I was worried that she would just be able to refuse entry & that would be that.

Also interesting to see that you think a letter to the court wouldn't harm, even though it may not help.

We had always planned for the tenant to be out a week or so before completion, so that the Vendor would have time to clear the property & these were indeed among the conditions laid down by us. This should still be possible if the tenant is out on 23rd August & we complete on 30th August. However, at this stage, if the property is in a bad way, then we would just have to accept that - it is either that or not be able to buy a place for a couple of years. It needs a lot of work doing anyway, hence being able to buy it a lot more cheaply than other similar properties in the village, but is structurally sound, so we are basically going to gut the whole place & rebuild it.

Am really just keeping my fingers crossed!

Boomboomboomboom Mon 05-Aug-13 22:06:44

Oh dear confused, well really your Dad should not have allowed an exchange of contracts without vacant possession.

If the tenants have already applied for one stay of the warrant/appealed the possession order and failed it is unlikely a court would seriously entertain a further request to stay the warrant of possession.

The bailiffs can and will force entry to get them out on 23rd August.

I suppose you could write to the court and set out your position to try and pre-empt a potential application to stay/suspend but there is no guarantee it would be read/make any difference anyway.

But how do you know what condition the property will be in when they go? I think technically you are now responsible for the property so if they trash it (and sorry this is perfectly possible) I am not sure if you'll have come back on the seller - the council?

Honestly, next time use an independent solicitor, at least then you can sue them if things go wrong.

confusedofengland Mon 05-Aug-13 16:15:19

Sorry to jump in on this (slightly old) thread, but it's reassuring to read of others in a similar situation to me!

DH & I have already sold our own house, now temporarily living with my DPs, & have exchanged contracts on the new place. Completion was supposed to happen 31st July, but didn't as the tenant is still there. She is a council tenant & will not leave until evicted by bailiffs, as she doesn't want to be intentionally homeless or she won't get rehoused (as I understand it).

I do sympathise with her & I know it must be a horrible situation to be in, but it is really scary for us, too. Our mortgage offer runs till the end of August & after that cannot be extended.

We already have the eviction order from the court & bailiffs have said they will come on 23rd August & no earlier. Tenant appealed eviction order but appeal was rejected. But my fear is what if something goes wrong & prevents this happening? What could go wrong? Does the tenant have to let them in or may they force entry due to the court order? My solicitor (also my Dad!) is advising us to write to the judge explaining we have exchanged contracts already & are currently homeless, so that the bailiffs will prioritise it over other matters. But I am not sure this would work? Vendor is contacting private bailiffs who apparently can evict within a week of receiving the writ & will update us tomorrow with this information.

I am just so stressed out by it all, added to which I am 10 weeks pg & just feel sick whenever I think of it sad

Musicaltheatremum Sun 14-Jul-13 20:40:40

Accepted, Altogether. I can see where you got annoyed. I initially thought Elansofar was in jest but clearly not.

AltogetherAndrews Sun 14-Jul-13 19:24:54

Apologies, musical

I think the general tone of the thread, rather than your posts, got my back up.

Musicaltheatremum Sun 14-Jul-13 16:13:06

Altogether. Sadly my husband died last year and it is his life insurance which is helping us with this.He was only 50 and had a horrible brain tumour which robbed him of everything over 12years. So my daughter doesn't have a rich "mummy and daddy". Be careful what you say you don't know everyone's circumstances.

Of course I don't want them on the street. But this is not AIBU it is a genuine question about a situation I find myself in.

Elansofar. I do not think that is appropriate.

holy crap shock that is awful advice! really hoping that that was a j.o.k.e.

op i hope you get it all sorted soon with no problems

Wuldric Sun 14-Jul-13 12:35:10

Seriously though, I think Elansofar, that you might well be running with the wrong crowd.

burberryqueen Sun 14-Jul-13 12:32:46

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
only a total cunt would think that was a good course of action

AltogetherAndrews Sun 14-Jul-13 12:29:09

Seriously, do you want these tenants to sleep on the street so that your life is easier? Because you have the money to buy, those that are living there should just disappear?

It sounds like they have been trying to find somewhere else, which isn't easy. Their home has been sold out from under them. They are facing homelessness. But god forgive they should make life inconvenient for you.

And the person who suggested moving in some "heavies," words fail me. You do realise that people who rent are human too, right. We could be talking about young, vulnerable people here, without wealth or the background to have mummy and daddy swoop in and buy a flat. You should be ashamed.

Twunk Sun 14-Jul-13 12:23:08

Are they in the Russian mafia though Wuldric?

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 ...

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.

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

shock

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.

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 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 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.

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.

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

Oh yes an S21.

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 19:13:38

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.

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.

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.

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.

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