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Legal matters

buying a house problems

9 replies

ansell71 · 13/11/2015 17:30

Hi all
My partner and I are in then middle of buying our first house together and have been hit by a bomb shell.
We are near end of searchs to be told that the current tenant notice is up on 1/1/16.
The property was sold as no chain by the estate agents( who also happen to be the tenants letting agent and our letting agent and landlord, gulp!!)
We weren't advised before this week (offer accepted 16/10/15) that the current tenant would vacate the property till 1st Jan.
do we pull out?? Or wait to see if tenant will move out early as requested??
Looking for any advice plzzz

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TurnWifiOn · 16/11/2015 11:02

Very lax but if the tenants are leaving on 1/1/2016 then is it the end of the world?

We had our offer accepted on 22/9 and still haven't exchanged, will be moving first week of new year. Hopefully

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specialsubject · 14/11/2015 13:39

surprised your solicitor didn't check this - very lax to put it mildly.

you'll just have to wait and see if the tenant goes. Do not exchange until then, otherwise you start paying out insurance for a property that may not be vacant for months.

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ansell71 · 13/11/2015 18:04

The most annoying thing is we told the ae that we wanted to complete before Xmas and still were told nothing.

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ansell71 · 13/11/2015 17:57

Have spoken to agent no chance of admitting they have messed up! But are Getting tenant viewings at other properties!

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emwithme · 13/11/2015 17:57

Do not exchange until there is vacant possession.

The tenants do not have to move out on 1/1/16. They can stay until the Landlord gets a Possession Order from the Court and then enforces it using bailiffs (and if they are waiting for help from the Council then they won't get any if they leave voluntarily before that point).

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ansell71 · 13/11/2015 17:55

We were aware of a tenant on viewing but wrongfully thought she had already been given notice!
We have been told by the letting agent that it was sold with vacant procession but not when we are ready to complete!!

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JeffsanArsehole · 13/11/2015 17:41

It's fine. You just instruct your solicitor you want vacant possession on completion and they'll give notice.

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MummaGiles · 13/11/2015 17:39

If you can get some reassurance that the tenants are definitely going to be vacating at the end of the lease then I would stick with it. Speak to the agents and make sure they know that they have messed up and put the sale in jeapordy - your seller certainly won't be impressed!

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VimFuego101 · 13/11/2015 17:33

You weren't aware that there was a tenant there? Bear in mind that if the tenant refuses to move, it will take a few more months to issue the necessary notices and have them evicted.

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