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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Give up on this house purchase?

22 replies

QuaveringInMeBoots · 26/10/2020 16:04

We started the process of buying our first house in August. We were informed at the time that the tenant living there had already been given notice. He actually showed us round and told us he had somewhere and was hoping to be gone by end of Sept, seemed genuine enough.

Anyway, end of sept came and went and he hadn't left. We were then early Oct which changed to 21st Oct.

21st Oct came and we were told he'd be moving on the Saturday which was the 24th so we thought okay, he doesn't want to move mid week fair enough so arranged everything with a view to complete this week once he'd left.

Just been told yet again that he hasn't left and is now saying next weekend.

AIBU to just say sod this now? The guy clearly isn't going anywhere and look for something else. I'm so annoyed we've wasted months, we are expecting a baby and wanted to be in.

I felt sorry for him at first but the agent has informed me he's been a very difficult tenant and she thinks this is his last 'hurrah' so to speak at his landlords.

OP posts:
inmylifeIlovedthemall · 26/10/2020 16:05

Have you exchanged yet?

Original poster
QuaveringInMeBoots · 26/10/2020 16:06

@inmylifeIlovedthemall

Have you exchanged yet?
No we can't exchange until he's gone but would have just done a sim this week if he'd left at weekend like he said.
OP posts:
CakeRequired · 26/10/2020 16:07

I'd back out or at least threaten to. Maybe threaten to first, if the sellers don't kick him out after that, then back out. But maybe start searching anyway.

Original poster
QuaveringInMeBoots · 26/10/2020 16:09

I think the sellers are just as frustrated as we are but they can't really do anything about it without starting eviction proceedings which I'm not even sure are happening at the moment or if so, would be very slow.

I think I'm just going to have to say if he's not out by this weekend then we're done.

OP posts:
sirfredfredgeorge · 26/10/2020 16:11

if the sellers don't kick him out after that

The sellers can't kick him out, well they can, but it's going to take them many months, who knows if they even started the process.

But yes, back out, you should never have entered the process, don't buy a house with a tenant in it, unless you want to keep the tenant in it.

BernadetteRostankowskiWolowitz · 26/10/2020 16:14

I'd give them a deadline (seven days) and then back out. Buying with a tenant is never advised unless you actually want to keep the tenant after purchase.

Original poster
QuaveringInMeBoots · 26/10/2020 16:16

I wouldn't usually but he had already been given notice when we viewed and we were told he was already in the process of leaving!

OP posts:
BlueJava · 26/10/2020 16:36

Just say you want to exchange by date X and the tenant therefore needs to be gone, otherwise you are pulling out. That'll get action or not and you'll know if they are serious.

Thelittleweasel · 26/10/2020 17:00

@QuaveringInMeBoots

"Giving notice" or being "given notice" is - unfortunately meaningless. To actually "evict" a tenant means a trip to the County Court when the tenant will be given a date to leave - about 2 months usually. If he chooses not to go on that date the matter gets escalated to the High Court for enforcement agents to visit and then give him one hour to get out. He then has 7 days to make arrangements to get the furniture removed.

That is - of course - the "worse case scenario".

Unless you want to start again give the landlord 7 days. It may even be worth him "bribing" the tenant to leave to keep the sale!

BangBux · 26/10/2020 17:03

If the vendors haven't initiated eviction proceedings then back out. If they were serious about getting him out then they would have by now.

Viviennemary · 26/10/2020 17:03

I blame the sellers. They should not be selling a house with tenants in situ.

BangBux · 26/10/2020 17:21

@Viviennemary

I blame the sellers. They should not be selling a house with tenants in situ.
Considering the number of properties sold to career landlords (who would pay more for a property with tenants in situ) they'd be both stupid and cruel to evict tenants before trying to sell.
2bazookas · 26/10/2020 17:27

Get your solicitor to write to vendor with a deadline date saying that you can't wait any longer. If the sale isn't completed on that date, it's off.

ukgift2016 · 26/10/2020 17:29

They should have started the eviction process months ago. I would give the seller a deadline and then pull out.

If the tenant refuses to leave, then yes it could take months to get him out legally.

Viviennemary · 26/10/2020 17:35

It's a different matter selling on to another landlord. A private buyer wanting to live in the house won t want to face the problem of tenants refusing go leave. In any case they wouldn't normally get a mortgage unless the house has vacant possession. AFAIK. What time wasters.

IamtheDevilsAvocado · 26/10/2020 17:36

I think a lot of evictions have longer lead in times cos of covid19

www.bbc.com/news/explainers-53860154

RainingBatsAndFrogs · 26/10/2020 17:43

I'd start looking at other properties.

Original poster
QuaveringInMeBoots · 26/10/2020 18:27

@Viviennemary

It's a different matter selling on to another landlord. A private buyer wanting to live in the house won t want to face the problem of tenants refusing go leave. In any case they wouldn't normally get a mortgage unless the house has vacant possession. AFAIK. What time wasters.
The lender won't release funds until he's left no, but you can still get a mortgage offer in the time being (we have). We are ready to complete the minute he leaves (I'm doing the conveyancing through our firm as it's actually my job 😂).

It's actually very common to have a sale where you're waiting for the tenant to leave, it certainly isn't rare. Although I've been put off doing it myself ever again now!

OP posts:
MaskingForIt · 26/10/2020 18:55

Given he will probably trash the house on his way out, I’d be looking elsewhere.

BangBux · 26/10/2020 19:07

@Viviennemary

It's a different matter selling on to another landlord. A private buyer wanting to live in the house won t want to face the problem of tenants refusing go leave. In any case they wouldn't normally get a mortgage unless the house has vacant possession. AFAIK. What time wasters.
But how would you expect a vendor to know who is going to purchase their property before they've put it on the market?!
DespairingHomeowner · 26/10/2020 20:50

I bought a house that was tenanted years ago: the LL gave notice, then allowed viewings, if offered/sale agreed

Then we waited for 3 months tenants to leave before starting conveyencing ... why did your conveyancer not query this, they are acting for you?

I’d look at other properties as a back up

Viviennemary · 26/10/2020 21:05

Surely when a landlord starts selling a property when the tenants are still living there problems can be expected. Especially at this time of Covid. If I was buying a house to actually move into I wouldn't touch a tenanted property with a bargepole

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