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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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

873 replies

wirldsgonemad · 12/02/2021 17:42

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???

OP posts:
Edenspirits · 12/02/2021 20:55

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...

Getting my tiny violin out for you @Iknowwhatudidlastsummer 🙄

Iknowwhatudidlastsummer · 12/02/2021 20:57

Edenspirits

it's interesting you immediately assume I am not renting..

strawberriesontheNeva · 12/02/2021 20:59

If the tenants accept money off you to move ( I doubt they would accept though) they could not get any official help if needed as that would be classed as intentionally homeless.

Viviennemary · 12/02/2021 21:00

It was a risk buying a house with tenants especially during Covid. I sympathise but you should have seen it coming.

WombatChocolate · 12/02/2021 21:02

Iknowwhatyiuddid, this is a thread about a particular buying circumstance. Numerous posters have started the law and pointed out that the tenants are not at fault here and that the law rightfully protects them.

Contrary to what you say, loads of renters find renting is very insecure. Long term renters have usually had to vacate several properties when they would have preferred to stay. Even with the landlord doing everything legally, people can often have to move quickly and inconveniently. That is one of the downsides of renting. It is right landlords can get their property back and sell if they want to, but it’s also right that tenants have rights such as terms of. Olive and that they should be longer during Covid. I say all this as a landlord.

And to tell people that if they want security they need to buy isn’t helpful. Lots of people would love to buy but cannot afford it and never will be able to. There are bad tenants and those who moan needlessly and game the system, but the vast majority of tenants are good tenants and we have nothing to indicate that the ones referred to in this thread are anything other than good tenants. If they have been given their S21, the chances are they will vacate at the end of the tenancy, as is their right and responsibility. But they don’t need to go before that 6 months from that date. And quite simply, until they are actually gone, exchange isn’t possible. Seller (assuming he actually wants to sell and isn’t stringing the company along or some other thing we don’t know about) can’t exchange until then at the earliest and possibly much later.

wirldsgonemad · 12/02/2021 21:04

The landlord is reasonable and I believe the tenants are reasonable. All decent people from what I can tell. Landlord had property listed to sell or rent, rent was agreed, whilst I was ringing to get viewing for purchase. All happened closely, landlord really wants to sell. The best thing would be if the renters found somewhere perfect for them. I would chip in £2k. It's such a mess.

OP posts:
WombatChocolate · 12/02/2021 21:06

What has your solicitor said? Has the official notice been given? These are key questions .

wirldsgonemad · 12/02/2021 21:09

S.21 has been issued.

OP posts:
HowManyToes · 12/02/2021 21:10

@wirldsgonemad

I won't be pulling out, I love the house, it just means waiting longer.
Then why are you asking?
wirldsgonemad · 12/02/2021 21:10

Solicitor was not concerned, mortgage broker was not concerned.

OP posts:
WombatChocolate · 12/02/2021 21:11

When was S21 issued? What did your solicitor advise you about proceeding and having a survey done etc, knowing there were tenants in there?

Hankunamatata · 12/02/2021 21:11

So you tell landlord to knock 6k off the price to cover the delay and resulting stamp duty.

WombatChocolate · 12/02/2021 21:14

And have you actually spent £1k on a survey?

Please answer the question about the advise from your solicitor - I’ve asked it 4 times.

Is it actually the case that you aren’t close to exchange but just starting out on this purchase and haven’t yet got a solicitor or proceeded far at all?

WombatChocolate · 12/02/2021 21:15

Solicitor was not concerned and mortgage broker was not concerned.....doesn’t ring true. Mortgages do not go through on properties which are tenanted.

I’m wondering if this is a reverse and LIZS was right a few posts ago.

wirldsgonemad · 12/02/2021 21:15

I'm asking because I want other people's ideas, it's like brain storming or hive mind. When you hear lots of peoples perspectives it changes your mind. I've only communicated with the landlord and he has been very decent, polite pleasant etc. This thread has made me consider the renters more. I've been licking my wounds over £6k losses and how I wouldn't have to suffer if they would just move but I hadn't considered their side as much. Also these answers have made me realise how much I want the house, I didn't expect anyone to say pull out, and when lots did it threw me. Did I still don't want to pull out, I really love the house, it's perfect for us.

OP posts:
wirldsgonemad · 12/02/2021 21:17

Mortgage would not exchange until tenants left, solicitor and mortgage broker had no reason to think the renters wouldn't leave.

OP posts:
wirldsgonemad · 12/02/2021 21:19

No not £1k on survey, £1k on mortgage application and survey.

OP posts:
WombatChocolate · 12/02/2021 21:20

I would ask your solicitor why they didn’t raise the difficulties of buying a tenanted property and point out you might have to wait 6 months for notice and possibly then any time it took to evict and wouldn’t be able to exchange until then.

I would be suggesting negligence on their part, unless you haven’t told them about the tenant and seller never mentioned tenant in the details about sale either.

I would be asking for a significant reduction in fees.

When does the S21 expire? Ie how long until the earliest possible that you can exchange if they choose to stay but not stay beyond that point?

Summersun2020 · 12/02/2021 21:21

@wirldsgonemad I’m glad this thread has made you consider the renters side of the situation- many people are too self centred/would be too wrapped up in their own situation. It speaks volumes about your character Flowers

To the people vilifying and demonising renters here, I’m disgusted. Appalling attitudes, I’m embarrassed for you all at your snobby bigoted views.

Greendoonan · 12/02/2021 21:22

It could take a VERY long time to evict them and cost you a fortune. I’d pull out.

WombatChocolate · 12/02/2021 21:22

Where are the other £5k of losses?
Solicitors know that tenants cannot be relied upon to always move out at the end of their notice period and certainly wouldn’t expect to work on the basis that they would go early just to facilitate the sale of a house they have only recently moved into.

wirldsgonemad · 12/02/2021 21:22

@WombatChocolate

And have you actually spent £1k on a survey?

Please answer the question about the advise from your solicitor - I’ve asked it 4 times.

Is it actually the case that you aren’t close to exchange but just starting out on this purchase and haven’t yet got a solicitor or proceeded far at all?

I've had a solicitor since September last year, all paperwork done, mortgage in place, ready to exchange, waiting for tenants to leave so exchange can take place and within a week or so completion. Then tenants said they couldn't find anywhere, a few weeks if back and forward involving offers of cash etc then the conclusion that they wouldn't leave so s21 issued this week and instead of moving in the next couple of weeks as planned it will now be in 6 months.
OP posts:
wirldsgonemad · 12/02/2021 21:23

@WombatChocolate

Where are the other £5k of losses? Solicitors know that tenants cannot be relied upon to always move out at the end of their notice period and certainly wouldn’t expect to work on the basis that they would go early just to facilitate the sale of a house they have only recently moved into.
The other losses is stamp duty as the holiday runs out in March
OP posts:
LIZS · 12/02/2021 21:25

You have not yet lost 6k though. Many purchases fall through with consequential losses for survey, mortgage arrangement fees, legalities etc. The Stamp Duty holiday is a bonus period so not completing in time is not an actual loss, merely a missed opportunity.

wirldsgonemad · 12/02/2021 21:28

@Whitecup4

Why don’t you offer 6k less or pull out
I probably will do that, I just love the property so much I don't really want to rock the boat
OP posts:
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