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Original poster

Want to buy but tenant lives their?

19 replies

CCTVmum · 13/10/2013 01:29

Saw a house for sale last week. I phoned Estate Agent and they said back on market (17 months) as buyer could not afford it.

I was told they have tenants. The owner has to give 2 months notice by law for tenant to leave.

Am I taking a risk?
If tenant refuses to leave am I left homeless?
How can I ensure if I do buy it the tenants from current vendor leave by exchange of contracts?
What legally would be tenant rights (if refused to leave) and
My rights if tenant refused to leave and I then owned it?

Any advice how to manage this situation with EA?

OP posts:

LIZS · 13/10/2013 08:52

Most solicitors and lenders won't allow exchange unless it is vacant possession. Ideally the notice needs to be served before it goes on the market but there is a risk of tenants overstaying and the legal eviction process can be longwinded. Is the house really worth the uncertainty ?

DorrisM · 13/10/2013 09:00

I sold my house in this situation, I told my estate agent that I'd ideally like two months between exchange and completion so that I was sure the sale was going through before giving the tenant notice. In my case the tenant was planing to leave to buy something himself. If my buyer hadn't been prepared to wait for two months I would have given notice after they'd had the survey and agreed there were no issues. I'd have taken a risk that the sale might fall through but less so if the survey had been paid for etc.

You could ask for a letter from the tenant to say they know that as the house is for sale that they'll be required to leave two months after notice has been served.

Aethelfleda · 13/10/2013 09:24

It's chancy:,the tenant has right to refuse to leave at least temporarily: I'd be very reluctant to proceed without. The tenants being out. If you really want the house and don't have a buyer yourself (or are FTB) you could ask your solicitor to make the offer conditional on vacant possession ie no exchange until tenants are definitely out. I don't know the law about at but if you could view the property once vacant the lilely hood of them moving back in is tiny. Down side is you'll have to wait the two months notice and it's possible they won't go...

mousmous · 13/10/2013 09:32

the sale won't proceed if tennants are in at time of exchange.
you could be lucky and everything goes smoothly, or you have to wait until tennants are out and all damage is repaired.

specialsubject · 13/10/2013 11:52

if the tenants don't go, the formal eviction process has to be started. They can be removed eventually but it costs, and if they decide to wreck the place you will be in for further expense.

if they are playing council house games they may sit there until the bailiffs go round.

they may well be decent people who will leave - but don't chance it. Unless a house is being sold as an ongoing rental, the only realistic way is for it to be sold once the tenants have gone.

Original poster

CCTVmum · 13/10/2013 19:20

thanks for replies. When I saw house on internet I thought hmm they are messy but realise now tenants doesnt want it too sell!

I think house fell through because if tenants. Another house in area is 100K more expensive but 4 bed immac new everything...thishousewindiws are falling out as so rotton...but price reflects it.

I asked could I view the house next week but Estate Agent said he would get back to me if tenant will alllow it?

I smell bad yoke here! But will ask for letter off tenant stating they will leave before exchange of contract.Aeth I will be in chain too. So not possible to ask it too be empty.

Eek mous and special the damage!

Can I ask....can I request house be empty before I proceed with valuations etc after all tenants are going to have to leave why not now when landlord is trying to sell...unless that is why he is selling as cant get rid of tenants?

OP posts:

RCheshire · 13/10/2013 20:47

Think you may be forgetting (or perhaps don't know) about the tenants' rights. When you say "after all tenants are going to have to leave why not now?" The answer is why should they? The notice period is to allow them to find new hints, move house, possibly move schools etc. They aren't necessarily being troublesome to make the most of their contractual rights.

They may make viewings awkward. A tenant had the right to peaceful enjoyment of a property. If they refuse viewings full stop then they can be evicted but this can take time. If they allow viewings they are in their right to specify times which are convenient to them rather than the vendor or you.

Original poster

CCTVmum · 13/10/2013 22:47

No I didnt hence posting for more info rches thanks.

Having a ds with autism who I need to plan change to exact detail and sudden change can cause serve distress and even regression I need this type of uncertainty like hole in head. Will cancel Estate agent tomorrow!

The 17 months up for sale 30K under asking price should have been red flags too for me! Surely they would have moved when house sold STC first time or went up for sale 17 months ago. Bad feeling about this property that in an area should have sold within first week!

OP posts:

RCheshire · 14/10/2013 08:51

Yes if uncertainty make life difficult then it might be best avoided. Could be fine of course just depends whether they are happy to be moving on from the house themselves...

flipchart · 14/10/2013 08:58

To be honest I would avoid. You have enough pressure on you on a day to day basis keeping everything smooth for your kid. I think, from what you have said, this is house and its possible sale is going to cause you problems.

Look for something a bit more hassle free.

specialsubject · 14/10/2013 10:36

run away. Those tenants don't want to leave (not that they have to until any formal notice expires, and as discussed they don't even have to go then). They are clearly going to be as difficult as possible.

expatinscotland · 14/10/2013 10:49

Didn't you post another thread about this?

Original poster

CCTVmum · 14/10/2013 16:54

yes expat on AI bU to buy house with tennants in, but no one replied and it disappearred last time I checked thinking more traffic possibly but had lots of replies here thankfully! Glad I asked...my mum was unsure about it and she said to ask the knowledge of MN.

OP posts:

Original poster

CCTVmum · 14/10/2013 17:02

ahhh just spotted it!

I believe in kama and I would feel awful throwing a family out into the street poor MN on aibu said it happened to her. For that reason alone I could not buy it. They must be living in fear/uncertainty all the time!

OP posts:

specialsubject · 14/10/2013 20:37

not really, when you rent a place it is a chance you take - the landlord can die, sell or want to move back in.

they won't be 'thrown out on the street' - they cannot be asked to leave before the date in their contract.

Original poster

CCTVmum · 15/10/2013 23:01

Update, phoned estate agent and said is Friday viewing still going ahead ( had a feeling what was to come). EA said tenants refused and I can only view the house after you have sold yours!

EA was stumbling for answers but basically agreed when I said it is tenants who has stopped the sale last time then as up for sale for 17 months.

The next nearest house in that area is 130k more expensive so dont think I will be moving to this area ( within 2 miles from ds school and work)!

Told EA to come back to me when house is empty...but don't think that will happen...thanks all for your pearls of wisdom. Saved me not only a headache but thousands in fees and even court fees!

OP posts:

specialsubject · 16/10/2013 10:15

thanks for the update, and glad you ran away! It is now up to the seller to decide if they want to continue to rent the house out, or evict the tenants and sell it empty.

TallulahBetty · 16/10/2013 21:50

Sounds like you made the right decision! The tenants sound like they're making it very hard to sell the house, I wonder why the landlord doesn't evict them before selling.

DontmindifIdo · 16/10/2013 22:02

Think you made the right choice. I would never buy a house with sitting tenants (unless I was looking to buy it to rent out). Just not worth the hassle.

Hopefully the landlord will have the good sense to give them notice anyway and try to sell empty or at least rent to someone who only wants a short term let.

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