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Tenant (Vendor's DD) in house purchase that we want to live in

9 replies

FretfulPiglet · 02/07/2017 15:21

Hi there, just wondering if anyone knows what our rights / the tenant's rights are please? Property was advertised as no chain but this has arisen from information on the property information form.
The tenant has been in the property for about a year, following the death of GP. As she is the daughter of one of the Vendors, I'm unsure if they are paying rent.

Obviously will get solicitor to investigate but just wondering this afternoon if this is a nightmare to avoid or if we could evict if we needed to?
Anyone else been in this situation?

OP posts:
mysteryfairy · 02/07/2017 15:27

When we last moved DS1 was 18 so had to go on the paperwork as occupying the house and sign to say he would move out. I bet it's more like this sort of scenario than a formal tenancy

Laughsandgiggles · 02/07/2017 15:34

You just need to have it written in that you want vacant possession. The DD is the current owners tenant, nothing to do with you. You have no contractual obligation to let them stay.

acornsandnuts · 02/07/2017 15:41

We had a similar situation many years ago and it took forever to get them to leave. We were naive to think they would leave on the dates that the exchange was scheduled. Their father the vendor stalled for months and months, 6 I think in the end before we got in. We were lucky enough to be living with my parents but we certainly would have lost our buyers if we were in a chain.

So my advice would be to get your solicitor and estate agent to clarify everything in writing.

FretfulPiglet · 02/07/2017 15:51

Thanks for the speedy responses - very helpful!

OP posts:
Allthebestnamesareused · 02/07/2017 16:35

usually all people over 17 have to sign the contract saying that they will vacate on completion.

specialsubject · 02/07/2017 17:40

England/wales - If she is an actual tenant, paying rent, then she has the rights of any other tenant and does not have to leave until evicted.

No sane solicitor will let you exchange (not complete) until she has gone. Otherwise you become her landlord and you have to evict her. You will have that obligation under law.

wowfudge · 02/07/2017 18:56

We bought a house where the vendor's brother and family were living as tenants. Vacant possession on completion was agreed and they moved out on completion.

FretfulPiglet · 05/07/2017 07:36

Thanks everyone

OP posts:
HipsterHunter · 05/07/2017 12:27

Don't exchange before you have verified vacant possession and you have been to view the property again to check condition.

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