Vacant possession on completion-what if the tenants don't leave

[thisusernameun]

We are purchasing a house and have an annex with sitting tenants. We were hoping for vacant on exchange but the current situation is vacant on exchange. Any tips? Should we push for vacant on exchange? What happens if we complete and then find the tenants still in? What could we do?

Tale them to court would be the only answer I presume

I would be surprised if your solicitor allowed for anything other than vacant possession before exchange.

If the tenants don't vacate you don't exchange. Someone needs to go in there to confirm the property is vacant.

Don’t exchange until the place is empty. Anything else will be messy, I promise.

Thanks for confirming my thoughts... Will push for this

Vacant at exchange otherwise it will be very messy and expensive.
I am deeply scarred from our vendors not vacanting at completion. Months of heart ache and court. Eventually our money came back to us with costs.

My friend (against his solicitor's advice) did vacant on completion and it did work out for them. The tenants signed a contract agreeing to move out by X date and agreeing to indemnify my friend, the buyer, for any losses sustained as a result of their failure to do so.

It was an imperfect solution and I don't recommend it but it was better than nothing... Friend had to purchase before new stamp duty rules came in in 2016 so was willing to take the significant risk.

The tenants were young professionals in London and must have been on a high wage as it was £2500 pcm. Friend figured they wouldn't be willing to f* their credit rating with a debt judgement against themselves and would either move as agreed or pay the agreed penalties.

We did vacant on completion on our last house, but only because the tenants were the vendor's brother and his family. Luckily we arranged to move the day after completion. I say luckily because they weren't out until about 5pm.

You need vacant before or at exchange and your conveyance will strongly recommend this. Otherwise you will have to go to court possibly to evict, insurances will be invalid, mortgage conditions breached etc.