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???

@DareIask

I'm selling a house as an executor. I have no choice... the mortgage has to be paid off.

I have a buyer and the tenants have been served notice (and had first option to buy)

If they don't move out soon I swear I'll treble their rent.

That's illegal, thankfully, your personal problems are not theirs.

Hi OP,
I am glad from your updates that you have started to think about the tenants a little. In your OP I was gobsmacked that they were supposed to care about your situation when you clearly couldn't give a toss about theirs. From their point of view you can just buy another house - it's hardly a tragedy.

Of course many renters will leave when asked to as they spot something suitable but these tenants either can't find anywhere or don't want to go.

When the section 21 expires the landlord can go to court to seek possession. For the section 21 to be valid everything has to be spot on. So say for example the property doesn't have a valid gas certificate the tenant can use this to defend the section 21 and it won't be granted. A new section 21 would need to be issued after the landlord has rectified the requirements such as gas cert, deposit protected in scheme and many more. If the tenants want to delay as much as possible this could take a very long time. From the circumstances you met in I think it's unlikely that the landlord will have met all their legal obligations and that the section 21 will be valid (they sound like a cowboy). It might be worth you looking into Section 21 requirements and asking the landlord if he met them (could save a further 6 month delay on top of the current notice of going back to square one).

When people are advising you that the seller should compensate you for out of pocket expenses or for the wait I think you perhaps realise that you are not in a strong position here? Your offer was accepted in August and prices have risen since then. Plus it looks like the landlord probably has at least six months to find another buyer while the property still has tenants. If you are prepared to wait perhaps all yoy can do is tell the agent to get in touch when the property is vacant. You don't want to pay for another mortgage only for that to also expire. Don't be too surprised if the landlord remarkets to try and achieve a higher offer though. They are not legally comitted until exchange as I'm sure you know.

All these people saying the tenants should just leave like it's easy are misinformed. I was in the top banding of council housing for a medical need - i.e. in the group people think get social housing easily, and was top of that list for years years. I came NOWHERE near getting social housing.

I eventually had to privately rent. Because I was born with shitty genetics, I am unable to work and therefore this will likely be my position for the rest of my life. Will I never have a 'home' according to the person who said tenants don't have homes?!

The fact the tenants haven't left despite being offered money shows they either haven't found anywhere yet, or have been told they need to stay put until they legally have to go to before the council will help them.

It's such a common story for tenants to be lied to and for landlords to say they are looking for long-term tenants when they know they will be selling, so there's a good chance the tenants had no idea.

I've also rented a house that had been for sale and hadn't sold - and became long-term tenants. So if the tenants saw the for sale sign it doesn't mean they knew the landlord was still actively selling.

Agree with so many others the rental sector needs an overhaul to provide secure long-term housing for those that need it.

Which is why I dont rent.......I have empathy with you both. Id you love the house you bite the bullet and swallow the bitter pill. Wait and pay extra. It is worth it if it is going to be your 4ever home.

Ask the estate agents and vendors to drop their price and commission. They will if they want a sale. I’d be worried they won’t get out even after 6 months though. Be careful take legal advice

what I'm saying is that it shouldn't be a minimum. It should be 6 months full stop. It can be extended on a 6 monthly basis if both sides agree but six months should bring the contract to an end. Tenants can move out f they want and LL can tell them to if he wants. That's what I think the law should be changed to

@Radio4Rocks right. So the 6 month contract comes to an end. LL tells the tenants to get out the next day, no notice...and you think the law should support that approach and tenants should just get out when instructed?

Yep, can't see how that would cause any issues.

If the tenants have been served S21 but have refused several thousand pounds in free cash to leave quicker, I can't see them going any time soon. They are staying there for the long haul.

@DareIask

I'm selling a house as an executor. I have no choice... the mortgage has to be paid off.

I have a buyer and the tenants have been served notice (and had first option to buy)

If they don't move out soon I swear I'll treble their rent.

This would also be illegal!

But what I'm saying is that it shouldn't be a minimum. It should be 6 months full stop. It can be extended on a 6 monthly basis if both sides agree but six months should bring the contract to an end. Tenants can move out f they want and LL can tell them to if he wants. That's what I think the law should be changed to. In the current situation the law is an ass.

@Radio4Rocks that’s basically what the law already provides!

After 6 months, tenants can move out if they want, and LLs can tell them to if they want. They all just need to serve the correct notice period, to coincide with the 6-month term. Usually this means either LL or tenant can serve notice at 4 months that they’re moving out/need possession. Covid has extended this notice period, that’s all.

The law (which you think is an ass) already allows for what you think is reasonable. Just needs both parties to communicate. If the LL fails to serve notice, that’s on them.

@DareIask

Yes they have a right. Not arguing with that.

They have a few more weeks when they're notice will be up and then I will do everything within my rights to get them out.

Which will still take quite a long time unfortunately fir you. No need to be angry with the tenants though, they may not find anything suitable to move to. Just because you've looked at houses local and found some means nothing! You don't know what they need or want and frankly it's nothing to do with you!
You have to wait until they are evicted by the courts and only then,if they refuse and block themselves in or don't pay their rent, then they are being a pain...but only if they are doing it purposely. If they can't afford the rent that might not be their fault and they may not be able to find housing which again could be not their fault. Where is the humanity of some of the posters on this thread...it honestly scares me how bitter, angry or downright nasty some people are. It's either that or they are stupid and literally can't think of anyone else's situation, only their own self important butts!

@DareIask

Actually yes I'm very pleasant thanks.

These people don't need 9 months to get out. They're just dragging their feet because they can. Which is very unpleasant.

And if they don't move out at the end of the tenancy (and I believe they won't) yes I will be increasing their rent.

You have no idea if they can find somewhere or not and no you won't be increasing the rent because that is illegal so unless you are really stupid and go ahead anyway you will be breaking the law and your tenants have done not one thing wrong from what you have told us. What a disgusting human being you are.

@DareIask

Of course rent is reviewed. Do you think it's never changed? Sadly No I won't be able to treble it, but be assured it will be increased as much as possible.

Why should I incur costs that will be detrimental to the beneficiaries (I'm not one) because they won't move?

You’ve served notice. You’ll begin eviction proceedings (I assume) if they’re not out. You can’t “review the rent” at that point.

Or you can, I guess. But no tenant will pay it, and no court will uphold it, so don’t be a dick.

@DareIask

Angelic

Read the thread ffs

I have read every single thread thank you....what is it you seem to think I've missed?
You are being vile and unreasonable based on what you have told us.

Every single post on the thread that should have said

Being an executor in the middle of unspeakable grief isn't easy..

I’m very sorry for your loss Dare. I’m sorry the tenants are adding stress. Just don’t do anything that’s pointless and spiteful. If you have to go to court to evict them it will be an own goal. Keep your cool.

@DareIask - the circumstances of your sale are completely irrelevant to the tenants as sad as they are. Never forget you are turfing people out of their home. I know you have to legally sell the house, but the way you are speaking about human beings is disgusting. Imagine have so little control over your home.

@DareIask so why did you tell me to read the thread? Where am I wrong?

We are also buying a house with tenants in, the vendor has offered to pay their 1st months rent on another place to get them to move by the 31st March, they have agreed to that, so maybe try this too.

@ElleMac44

We are also buying a house with tenants in, the vendor has offered to pay their 1st months rent on another place to get them to move by the 31st March, they have agreed to that, so maybe try this too.

This is good if the can find somewhere suitable for then in time, if not they won't leave if they don't have somewhere else to move in to or stay while finding somewhere. You may find they won't leave when it comes to the time and honestly it's not their fault if they can't find anything by then. Are you asking them to leave early then..before the notice is up?

Typo: for them in time

Where is the humanity of some of the posters on this thread

Whilst calling a PP stupid and self important for simply wanting a smooth hand over, in an already shitty situation. You don’t seem to have much humanity for a person who’s just lost a loved one do you?

I'm afraid you can't just unilaterally treble the rent, @DareIask .

I rented some years ago. Landlord wanted to sell, offered me first refusal & I declined as the price was too high, although I was looking to buy in the area by then & the house was nice enough - I would definitely have considered it to save the hassle of moving, but we couldn't agree a price.

He then sold to a new landlord instead, who wanted to increase the rent. I said no, but I was actively house hunting & I'd be looking to move as soon as I'd found a property to buy.

New landlord gave me notice to leave if I wouldn't pay the inflated new rent.

I contacted the letting agency & explained that he could continue to accept current rent & hopefully me getting out of his hair within 6 months, or he could go ahead & try to evict me, but I'd still be paying the rent in my existing contract. & probably not nearly so amenable about facilitating viewings by potential replacement tenants.

He wisely decided that 6 months was fine. I found & completed on a house within this timeframe, moved out ASAP & left him to see if he could find another tenant for the rent he was looking for. (FWIW it turned out he couldn't, & the property was advertised locally for several months before he dropped the rent back to pretty much the level he'd been getting from me).

The main differences these days are a) covid & b) rents are rising. I moved on causing minimal embuggerance to my landlord because I was happy to & fortunate enough to be able to. These days, lots of people can't.

If I'd been stuck, well, we would both have been stuck with each other for longer.

It was a business transaction: he owned the house as an investment, & whilst he wanted more rent, it wasn't worth his while to start eviction proceedings so long as I was keeping the place tidy, paying the rent originally agreed & clear with him that I'd be out of there at my earliest convenience.

I'm afraid his convenience & profits were not my concern.