To ask if you'd call the real estate agent tomorrow?

[UsernameUnavaliable]

Hi everyone! I need a bit of advice, my husband and I have bought a house and settlement is this Thursday. It's currently got tenants in it and they are supposed to be gone before we get the keys. We have just been told that they will still be there on Tuesday. I am a bit concerned as to when they will be moving out.

I'm thinking about calling the real estate agent tomorrow (on a Sunday) just to clarify that they will be gone. Does this sound reasonable?

Are you in the UK? If so please check with your solicitor as sitting tenants may have a right to remain.

The estate agent can't force them to leave. Call them, but they can't do anything.

You need to talk to your solicitor. I wouldn't be exchanging contracts until they were out of the house.

You don't want to be stuck with a legal battle trying to get tenants out of the house for months. Why don't you call the estate agents today?

I advise against signing documents to exchange until you're sure what the situation is re the tenants.

Are you in UK?

Estate agents round here aren't open on sundays, just call today?

Based in Australia, sorry should have mentioned that in the initial post. They are on a periodic lease which means they have to be out 60 days after notice is served, or they can leave earlier. I was told that they have opted to leave earlier however I don't see how they have enough time to move and clean if they are still there on the Tuesday

Here we don't use lawyers, we have conveyencers, I will have a chat with them Monday, but for peace of mind I was considering calling the REA to see what exactly the tenants are doing

The estate agent in the UK would do nothing, its your solicitor who should be acting. Sale should be with vacant possession, any costs to remove tenants should be back to vendor.

It's 9:30pm where I am today, so I don't think the REA would appreciate that, sorry should have said based in Australia

Don't complete without vacant possession. Withhold funds. Do a walk through the day before closing to ensure the property is vacant and change locks as soon as sale is completed. Do not take their word for it, check it yourself. We got burnt with a similar issue on our last purchase.

I can't comment on Australia, but here in the UK "vacant possession" is a pretty basic condition of sale

If it's the same with your purchase I agree with the PP - make sure you visit just before funds are due to be transferred and block this happening if they're not out