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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:
ktp100 · 12/02/2021 18:57

Buy somewhere else and maybe be a bit more understanding of their position?

bigdecisionstomake · 12/02/2021 18:57

@Iamsodonewith2020

Wombatchocolate why are the sellers greedy? It’s their house and the time has come that they need to sell. I am so sick of mumsnet making out that landlords are all the same. Some of us do our best to provide wonderful homes for our tenants and go above and beyond but sadly In the current climate many landlords are selling up as it’s too risky. Some cannot afford to keep their rentals anymore as tenants paying no rent just because of covid. No proof is needed of financial hardship from tenants but mortgage companies require proof from property owners to reduce mortgage payments. Tenants have all the rights.
The sellers are greedy because they put the house on the market, did a viewing with OP and only THEN signed up some tenants for a 6 month tenancy. If you are trying to sell a house then you need vacant possession, unless you're selling to another landlord and clearly that wasn't the instruction given to the agent otherwise OP wouldn't have been able to view.

I agree broadly that landlords often get a hard time unnecessarily on MN but on this occasion I definitely think the landlord was being a CF.

Puzzledandpissedoff · 12/02/2021 18:58

When you rent, you know that circumstances can change

Very true, but many renters also know the games which can be played and the delaying tactics available for use

However that's the LL's problem ... all OP needs to decide is whether she wants to stick with a purchase that's got disaster written all over it

StephenBelafonte · 12/02/2021 18:59

OP - please listen to everyone on this thread and pull out.

They will fucking wreck the place.

NeverDropYourMoonCup · 12/02/2021 19:00

@wirldsgonemad

I don't know if tenants are fully aware the house was SSTC but it was on the website as SSTC for the last 6 months and my mortgage survey was carried out while they were there. I'm sure they must have known but maybe hoped the sale would fall through due to Covid
They aren't able to do anything about it anyway - if they don't have the money to rent privately somewhere else, they'd have to apply to the council for social housing. And guess what? The rules are that they won't be considered for social housing unless they've been physically removed from the house by bailiffs at the end of a legal eviction process. This means that if they leave even ten minutes before that point, they will find themselves with nowhere to go and no right to any further help from the council.

The 'desperate' landlord, however, might expedite the process in accordance with the law if your price drops by ten grand.

It's not the tenants that are at fault here.

Bedforme · 12/02/2021 19:01

OP if you cannot afford to offer without a mortgage and can’t/don’t want a btl mortgage you cannot I offer on the property.

It doesn’t really matter whose fault it is, until there is vacant possession you cannot buy.

Your priority is to have a suitable place for your own family to live. Unfortunately this property that you love is not currently suitable.

uKu89 · 12/02/2021 19:04

Please check as to whether you will need to pay additional tax when you purchase as you are technically purchasing a buy to let. Also be aware of all of the implications of being a landlord before you complete on this. You will need to purchase landlords insurance and pay for any electrical or safety certificates that are needed whilst the tenants remain in the property. It is not a simple as waiting for them too leave. This isn’t to put you off, just to make you aware.

UrAWizHarry · 12/02/2021 19:05

Renters have protection and rights for a reason. It's their home and if you can't understand that pull out of the sale.

Bagamoyo1 · 12/02/2021 19:05

@KnobblyWand
Just had a look at rightmove, as you told me to.
10 rental properties in the very small town I live in, ranging from £450/ month for a one bed flat, to £1200/month for a 4 bed house.

WombatChocolate · 12/02/2021 19:06

Iamsodonewith....I did not make out that all landlords are greedy. I am a landlord. This landlord was greedy in wanting to sell the property and market it AND collect rent. Decent landlords know that solicitors will advise sellers not to market until the property is vacant because it is not possible to exchange u til it is and it is impossible to know for sure when a tenant will be gone un til they actually are.

People on this thread have mostly recognised that THIS landlord was greedy, that the tenants have done nothing wrong, and the Op is foolish for not realising she needs to pull out.

Yes, Landlords have the right to sell..but they have to do it within the rights of tenants and legal frameworks of selling. If they have a current tenant, it’s not as simple as wanting to sell and be done in 3 months or by the time of stamp duty cut running out. Much more careful planning and thinking ahead is needed than in a standard residential sale or the sale of an untenanted BTL. Most Landlords will plan a good 9 months or year ahead...that’s what’s needed. They will give notice when they decide they want to sell (as long as the tenancy is at a point to allow this) and then have to wait the standard 2 months (or 6 at the moment) to see if the tenant actually goes. If they do, then they can start marketing the property after looking at it and doing any work that is needed first and might take a while. If the tenant doesn’t go at the end of the notice period, they start official eviction proceedings and proceed until the tenant actually goes...could be close to a year. And then they start marketing.

Can you see why a landlord needs to really plan ahead for selling and not think it’s something that will be done in a couple of months. And crucially they also need to accept that it’s not really possible to collect rent and market it. There will be a void period with no tenant while marketing and waiting for the sale to proceed. The only exception is when another landlord buys and is prepared to take in the tenant and the solicitor does all the paperwork to ensure that is okay and safe for all.

CodenameVillanelle · 12/02/2021 19:06

@StephenBelafonte

OP - please listen to everyone on this thread and pull out.

They will fucking wreck the place.

Not necessarily. They are far more likely to be regular decent people who don't have the means to rent somewhere suitable at the moment and need to stay longer until they do.
FreshFancyFrogglette · 12/02/2021 19:08

Can you not put yourself in their position for one minuite??? Have we completely lost our empathy?? Bully for you you've got a mortgage approved. Most of us have to pay through the nose so a Landlord can take it for doing F all. And if they decided to sell up, off we're turfed, even if we've got no money for a new deposit and one month's rent up front (yes I know you offered them money, but probably not enough to cover deposit, one month up front, and if they don't like the look of the tenant, and run a credit check they can refuse to rent to them anyway, or ask for 6 months up front!!) which no one can hope to afford!! Finding properties to rent around here is impossible, as they are all student accommodation for tax breaks!!

Sorry I think you are being selfish. Let them stay, it's their home. Find somewhere else to rent!!!

ConeHat · 12/02/2021 19:08

@SamLovesLembasBread

What happens if they LOVE their home?

It's not their "home", though.

I don't blame OP for being angry at the renters (in addition to the seller). When you rent, you know that circumstances can change. It's not a permanent, guaranteed arrangement.

I'm a landlord and I strongly disagree. It's my Tennant's home.

It's my house. That's how it works.

CodenameVillanelle · 12/02/2021 19:08

[quote Bagamoyo1]@KnobblyWand
Just had a look at rightmove, as you told me to.
10 rental properties in the very small town I live in, ranging from £450/ month for a one bed flat, to £1200/month for a 4 bed house.[/quote]
I guess you don't live in a particularly popular area
In my small town there is ONE property to rent at the moment for £1000pcm. The two nearest properties are £1300 and £1100.

WinterIsGone · 12/02/2021 19:08

If you really love the property, can't you just agree with the landlord that you will buy it when the tenants have moved out? Obviously, it's likely that prices will fall when the stamp duty holiday ends, so you will just offer him the market price then. He gets the hassle, you get the house maybe some months later than you expected, but with the price reduced to take account of the increased stamp duty.

HeronLanyon · 12/02/2021 19:09

Reduce your offer by the cost to you plus delay. If not accepted pull out. Plus penalty for further delay. Get your solicitor to see evidence of their notice to quit. Understand they are not messing you abkut - they’re possibly legit struggling to find anything else. Movistar luck.

Iusedtoliveinsanfrancisco · 12/02/2021 19:09

Your problem is with the seller not the tenants. Tell him you will pull out unless he sorts it. And mean it.

FreshFancyFrogglette · 12/02/2021 19:09

*sorry, buy!!!!

Iknowwhatudidlastsummer · 12/02/2021 19:10

@StephenBelafonte

OP - please listen to everyone on this thread and pull out.

They will fucking wreck the place.

So true. Unfortunately.
flippertygibbit · 12/02/2021 19:10

Not RTFT - they won't necessarily leave at the vacancy date, then you are another 6 months for court................pull out of this purchase.

twinkletoesimnot · 12/02/2021 19:11

Wwyd?

Be thankful I have the means to buy my own home and am not on the verge of homelessness like these people.

It's totally abhorrent that so many people think they will trash the place.
I rent and take far more care of my HOME than the LL does!

I am a teacher and my dh works 6 days a week but we have never been able to save a deposit, so are stuck paying more out on a rent than we would more than likely have to pay on a mortgage.
I can't see how young people from working class backgrounds with no chance of an inheritance can manage to get on the property ladder.
Of course that means I'm the lowest of the low and would trash someone else's property 🙄

IndecentFeminist · 12/02/2021 19:11

If you love it, I'd wait it out. Provided you have somewhere to live for now. But I'd be hammering the vendor for costs.

ConeHat · 12/02/2021 19:11

As a landlord I dont have rose tinted specs on here, their is no guarantee that they will leave on the date stated in the section 21. If it's even been served, has it?

They could stay, then you have two trips to court ( well the owner would) before you could get physically removed. Until then, there is nothing you can do but go through the long eviction process

Bedsheets4knickers · 12/02/2021 19:14

@WombatChocolate

Iamsodonewith....I did not make out that all landlords are greedy. I am a landlord. This landlord was greedy in wanting to sell the property and market it AND collect rent. Decent landlords know that solicitors will advise sellers not to market until the property is vacant because it is not possible to exchange u til it is and it is impossible to know for sure when a tenant will be gone un til they actually are.

People on this thread have mostly recognised that THIS landlord was greedy, that the tenants have done nothing wrong, and the Op is foolish for not realising she needs to pull out.

Yes, Landlords have the right to sell..but they have to do it within the rights of tenants and legal frameworks of selling. If they have a current tenant, it’s not as simple as wanting to sell and be done in 3 months or by the time of stamp duty cut running out. Much more careful planning and thinking ahead is needed than in a standard residential sale or the sale of an untenanted BTL. Most Landlords will plan a good 9 months or year ahead...that’s what’s needed. They will give notice when they decide they want to sell (as long as the tenancy is at a point to allow this) and then have to wait the standard 2 months (or 6 at the moment) to see if the tenant actually goes. If they do, then they can start marketing the property after looking at it and doing any work that is needed first and might take a while. If the tenant doesn’t go at the end of the notice period, they start official eviction proceedings and proceed until the tenant actually goes...could be close to a year. And then they start marketing.

Can you see why a landlord needs to really plan ahead for selling and not think it’s something that will be done in a couple of months. And crucially they also need to accept that it’s not really possible to collect rent and market it. There will be a void period with no tenant while marketing and waiting for the sale to proceed. The only exception is when another landlord buys and is prepared to take in the tenant and the solicitor does all the paperwork to ensure that is okay and safe for all.

This is what's happened to my old landlord . They put the house on the market but didn't give us notice until 5 months after. She didn't realise it was 6 months and the EA didn't inform her. We moved out a month ago and now it's just sitting there empty . Too late to grab the stamp duty holiday and the market around here has gone dead . Lots and of under offer have gone back on the market .
I'm pleased We'l be out of this circus when we can finally buy. It's certainly taught us a lesson .
Lweji · 12/02/2021 19:14

Wait if you want, but I would have been looking at other houses in the meantime, and would certainly do from now.

I can't believe you've already been waiting 6 months when you knew they had just moved in.
No dream home is worth it, and you could have found another house you also loved in all these months.

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