Renters won't leave the house I'm buying, they 'can't find anywhere suitable'.

[wirldsgonemad]

But thanks to covid, a section 21 means people have 6 months instead of 2 months to vacate and this means I get charged £4,250 extra in stamp duty, plus mortgage application fees and survey of £1k plus my life being on hold for 6 months.

They are fully aware of my position, they know I'm a single mother of 2 small children and they don't give two hoots that they're actions are costing me £5-6k and months of waiting.

God give me strength to get through these next few months without attacking them on a regular basis.

What would you do in my situation???

@TheSparkleJar

However the tenants only signed a six month lease, in AUGUST, six months is up, personally if I was looking for an long term home I wouldn't be looking at somewhere with a six month lease, 12 month minimum is the norm.

But they signed it in August when these rules were already in place. They knew they wouldn't be forced to move.

Like I said above, my friend has found it near impossible to get a rental place because of these new rules. The vendor was very irresponsible to put tenants in under these circumstances while actively trying to sell.

Most rentals always do a 6 month initial rental . It's to be rotrx

That’s why I suggested there could be mortgage arrears on the part of the LL.

His behaviour in terms of getting a buyer and then instantly getting a new tenant is very odd and not the mark of someone who actually wants to sell at the moment. Op clearly is a it clueless about all this stuff and perhaps the LL saw this realised he could get the mortgage company off his back for a while if he could say he had a buyer. Whether he actually intends to exchange and complete is anyone’s guess.

Op, I would be asking your solicitor to enquire as to if there are mortgage arrears or a particular reason for sale that have come to light.

And in all of this, the Op hasn’t really mentioned advice from a solicitor. It seems odd that any solicitor would let all this get so far without having raised the issues of a tenanted property. The whole thing is extremely odd. I can only assume Op was advised not to proceed but ignored the advice as she has all the useful comments here.

The vendor was very irresponsible to put tenants in under these circumstances while actively trying to sell.
If he really did want to sell, he would have sold it as a btl going concern, surely?

Try again / 6 month initial rental is normal to start of with .

I feel sorry for both sides here and think OP is being given an unnecessary kicking by some.

The tenancy is up and the tenants should move out - they knew this was coming. It's unfair that tenants can squat when the tenancy is up and the property needed as a home by someone else.

It’s not the tenants fault though.

English rental law is easily accessible online in the how to rent guide, written in very simple terms.

No sane solicitor will let the OP exchange contracts on this place, because that will make the OP the landlord with all the responsibilities. Landlords cannot end tenancies, they can only apply to have tenancies ended. Only bailiffs (and tenants) can actually end tenancies, the former after due process which even when the eviction ban ends will take 18 month or more.

A section 21 never meant 'two months to vacate'. It meant 'two months until the landlord can start the repossession process'.

OP, you can't have what you want. That's it, really. I'm sorry you weren't aware of that before. Do not threaten anyone because of it.

I would also be suspicious that having not bothered to read up on the responsibilities of a ll and notice periods, there may be other issues yet to surface.

They're not squatting they are legally entitled to stay.

@Radio4Rocks

I feel sorry for both sides here and think OP is being given an unnecessary kicking by some.

The tenancy is up and the tenants should move out - they knew this was coming. It's unfair that tenants can squat when the tenancy is up and the property needed as a home by someone else.

They are not squatting. Tenants do not have to leave until a court tells them so. Landlords know this.

The landlord and their greed is the only reason the OP, and the tenants, are in this position

I feel sorry for both sides here and think OP is being given an unnecessary kicking by some.

Me too. Lots of people to be honest would probably not see the issue if a solicitor was happy to progress the purchase. Most people would be stressed and annoyed about proceeding in good faith and losing all of that money, thousands is no small change.

@Radio4Rocks

I feel sorry for both sides here and think OP is being given an unnecessary kicking by some.

The tenancy is up and the tenants should move out - they knew this was coming. It's unfair that tenants can squat when the tenancy is up and the property needed as a home by someone else.

They are legally renting until the tenancy is ended by themselves or by a court. They are not squatting.

Tough, it's not their's to love, if they want to 'love it' then they buy somewhere.

I may only be a lowly tenant but why don't I deserve the same security that an owner-occupier does? I pay my rent on time every month, maintain the house and the gardens and in many cases the rent means my landlord can pay their BTL mortgage. Long after most owner occupiers finish their mortgage (inc my landlord) my rent will continue to be paid and continue to rise. What makes you think I am some sort of sub human who doesn't deserve a home for life?

And in all of this, the Op hasn’t really mentioned advice from a solicitor. It seems odd that any solicitor would let all this get so far without having raised the issues of a tenanted property

££££

LIZS, yes you could well be right. There’s a lot about all this that doesn’t really make sense.
There are greedy landlords who hope to market a property with a tenant in it, but usually they expect them to be gone very quicklyas notice is nearly up (still risky as no-one can know if and when a tenant will actually be gone, so exchange can’t be guaranteed) but to actively put a new tenant in after getting a buyer is very odd behaviour and not the sign of someone wanting to sell. Of course, the Op might not be quite right in her description of the timeline of events.

Regardless, this is not a good, proceedable sale. Op would do well to cut her losses, realise there are other houses out there and move onto something else.

What makes you think I am some sort of sub human who doesn't deserve a home for life?

It's nothing about being deserving or not, the harsh reality is that even though you legally have so much notice, the landlord can change their mind anytime and start the road to eviction. In a mortgaged home it will only be if you cannot afford the rent, there is no landlord to turn and around and pull the rug. The housing system in this country sucks.

Why don’t you offer 6k less or pull out

But Op hasn’t mentioned any solicitor advice. Has she actually got one? Are they crap and haven’t mentioned the issues about tenanted properties? What about the estate agent, where are they in all this? Has the seller not told the EA or his solicitor about the tenants? Has Op been advised (I really think she would have been if she has a solicitor and they know) but just ignored it all? There are lots of things that do t add up and I don’t think we’ve heard the full story and probably never will.

Or is op the vendor in this scenario?

No the op is the purchaser! ???

@bloodywhitecat exactly. Well said. The attitudes to tenants on here is a total disgrace. Home owners are not more worthy than renters.

So Op, tell us about the advice you’ve had from your solicitor.

@bloodywhitecat

Tough, it's not their's to love, if they want to 'love it' then they buy somewhere.

I may only be a lowly tenant but why don't I deserve the same security that an owner-occupier does? I pay my rent on time every month, maintain the house and the gardens and in many cases the rent means my landlord can pay their BTL mortgage. Long after most owner occupiers finish their mortgage (inc my landlord) my rent will continue to be paid and continue to rise. What makes you think I am some sort of sub human who doesn't deserve a home for life?

if you want security, buy your house.

A home owner with a mortgage hasn't got security until the house is paid in full.

No need to have a massive chip on your shoulder, no one said you were a "sub human". You enjoy the benefit of a rental, are not liable for repairs and maintenance, haven't got to budget for those, you are completely safe from the fluctuation of the market, are safe from any property crash, have the flexibility to leave if you wish, are immune to the arrival of any bad neighbour, of the area going down and becoming less attractive...

the poor-me attitude from posters on this forum is getting old. In real life, I don't know anyone who is feeling remotely insecure because they are renting - and no one actually cares. There are countless benefits and positives about renting. If you are feeling bitter towards your landlord, move or buy your own property and deal with all the costs and obligations yourself.

@wirldsgonemad Has a S21 actually been issued, or are you all just hoping that the tenants will move out soon because their tenancy ends?

I appreciate you love the house; but I’d be so worried about extra costs and things right now because they don’t seem keen to leave, who would be in this situation, and the massive backlog when you do get to the court stage, after they’ve had six months notice... you could be waiting over a year for them to be out, and they may well wait that out; especially if they need council assistance. They’ll have to wait until you’ve sent bailiffs to be considered homeless from a council point of view, or they’ll be considered to have made themselves homeless.

To be fair it is very difficult to find a rented house now. You can take court action after the 6 months notice but it's all a bit slow going through the courts atm.