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Original poster

Vendor’s tenants refusing to leave

435 replies

Plancina · 18/07/2020 15:54

Just posting for a rant/wild hope of any advice. We have been in process of buying a really lovely house that we totally fell in love with and have laid over £1000 for survey fees, solicitor fees and a survey. It was marketed as no chain but has a private tenant in it who was supposed to move out on the 5th July. The tenant is now refusing to leave - they own their own home but it is having work done on it and they aren’t willing to move into alternative rental accommodation until their home is finished. They are ignoring all requests from their landlord to leave and insisting they will stay there until their house is ready, they won’t give a timeline for this.
Our lease is up in two months and we’d have to commit to a 6 month lease at least to stay here. We are so upset and annoyed - can’t believe how selfish these people are being. The vendor is also annoyed as they don’t want to lose the sale and they had promised their son a portion of the proceeds to buy his first home and now he is going to lose that house also.
Our solicitor says it could take a year to evict them. Sad

OP posts:
Original poster
Plancina · 18/07/2020 21:02

@hatesomethinchangesomethin these people wouldn’t need housed by a local authority - they’ve been offered 5 alternative rentals by the same agency who they rent from now, have been offered the cost of their move and the rents all cost the same as their current rent which they can afford to pay (As they have been paying without issue and are still paying) while paying their own mortgage and for refurbishment of their own home. There is no suggestion of them being made homeless.

OP posts:
LolaSmiles · 18/07/2020 21:06

Serving a s21 does not end the tenancy- only a court can end it by granting an eviction notice.
Its not a procedure for tenants to follow. Its a procedure that LLs have to follow.
I know.
I was saying I think S21 should have more teeth and there should be clear procedures and with that consequences if tenants refuse to leave a property. I don't think it's right that someone should have to go to court to gain access over something they own.

There's a need to protect private tenants, but equally a landlord shouldn't (in my opinion) have to to to court to get their property if they've given reasonable notice.

Smallgoon · 18/07/2020 21:06

The property I purchased had only ever been tenanted, in its 12 year history. There were no tenants when I went for my viewing. The flat was entirely empty.

The vendor was an overseas investor. Seems he had the sense to only market the property when it was vacant.

Not sure why the tenants are to blame in this instance. I'd be pointing finger directly at vendor.

LolaSmiles · 18/07/2020 21:08

Plancina
The tenants are being selfish. They have their own property but don't feel like moving.

The mistake you've made is asking about a landlord/tenant issue because on here there's a lot of people who will automatically champion the tenant, however unreasonable the tenant is being.

lyralalala · 18/07/2020 21:10

@LolaSmiles

Serving a s21 does not end the tenancy- only a court can end it by granting an eviction notice. Its not a procedure for tenants to follow. Its a procedure that LLs have to follow. I know. I was saying I think S21 should have more teeth and there should be clear procedures and with that consequences if tenants refuse to leave a property. I don't think it's right that someone should have to go to court to gain access over something they own.

There's a need to protect private tenants, but equally a landlord shouldn't (in my opinion) have to to to court to get their property if they've given reasonable notice.

There are clear procedures with consequences if tenants don't leave at the end of the S21 - court, eviction and baliffs (usually with a nice bill as well). That is the procedure.
Alsohuman · 18/07/2020 21:13

Look OP, you’re not coming across well here. You’re trying to buy a house in a pandemic. In normal times, your vendor would have served a S21 on their tenants, they’d have had the work completed on their house and moved out by now.

However, your vendor served the S21 after we went into lockdown and the tenants’ renovation project has been at a standstill. You’re perfectly happy for them to move twice to facilitate you but completely averse to doing the same yourself - or even to stay where you are a bit longer. And then you call them selfish?

I wouldn’t move twice to make life easy for you and your vendor either. Why would I? I owe neither of you anything, it’s not my fuck up.

Original poster
Plancina · 18/07/2020 21:16

@Alsohuman I’m not buying this house anymore - the tenants can stay there as long as they want. If they don’t have to move twice, in your opinion, fine but neither do I and I’ve walked away from the sale. I was very disappointed and I’ve lost £1000+ and I have learned my lesson the hard way (as people generally do!) and I’m looking at vacant properties now. Smile

OP posts:
Viviennemary · 18/07/2020 21:24

You did the right thing. Not your fault. The seller and the solicitor to blame for leading you up the garden path.

noimkaren · 18/07/2020 21:29

If it's your perfect forever house, hang in there! Your landlord may be sympathetic and (in the current climate) more willing to accept a month to month arrangement than you think. Better to have good tenants and paying, than no rental income at all if it's lying empty. Push the vendor on a timeline too. Get proof of when they served the s21 notice. If it goes that far, the court isn't likely to be very sympathetic to CF tenants who have somewhere else to live (especially somewhere they own( so long as it's habitable. If the tenants' poor planning has created the situation their now in- tough!
We had a similar situation but the vendors were in the middle of a divorce & we got caught up in their mind games/ war of attrition. It took more than a year to get the keys and it was trashed/filthy. Another year on it was transformed and we're so glad we didn't give up. Good luck

Arthersleep · 18/07/2020 21:36

Would the tenants continue to pay rent to you, once you take ownership? Or are they planning on squatting? If so, could you force them to sign up to a 6mth + contract? Would the thought of being tied in financially then make them reconsider their options? Could you or the current owner threaten civil action for financial compensation?

If not, then I would be tempted to make their life as uncomfortable as possible. Can you cut off utilities etc? Tell them that they will all be switched off? I would be telling them this in no uncertain terms what will happen once you take possession.

Arthersleep · 18/07/2020 21:46

Just caught up with your posts properly and seen that you've walked away from it. Which is a shame because we could all have moved into the garden and camped out! I would,at the very least pop a letter by, telling them that due to their complete selfishness, you have been forced to withdraw and they have cost you £1000. I would tell them what selfish self entitled people they are.

Alsohuman · 18/07/2020 21:48

I would tell them what selfish self entitled people they are

That really would be pot and kettle.

MrsHuntGeneNotJeremyObviously · 18/07/2020 21:53

I think I'd try to get back some of my money from my solicitor. They really ought to have warned you of the pitfalls before you shelled out.

lyralalala · 18/07/2020 21:54

@Arthersleep

Would the tenants continue to pay rent to you, once you take ownership? Or are they planning on squatting? If so, could you force them to sign up to a 6mth + contract? Would the thought of being tied in financially then make them reconsider their options? Could you or the current owner threaten civil action for financial compensation?

If not, then I would be tempted to make their life as uncomfortable as possible. Can you cut off utilities etc? Tell them that they will all be switched off? I would be telling them this in no uncertain terms what will happen once you take possession.

If not, then I would be tempted to make their life as uncomfortable as possible. Can you cut off utilities etc? Tell them that they will all be switched off? I would be telling them this in no uncertain terms what will happen once you take possession.

And there is why there has to be a court process that follows a S21 rather than just allowing people to take matters into their own hands

You cannot just cut off utilities to people who are not breaking any laws by staying until they are told to leave by the court.

The OP would have become their landlord has she completed without vacant possesion, if she was a cash buyer. If she has a mortgage then her mortgage company will not release funds on a residential mortgage without vacant possession

Original poster
Plancina · 18/07/2020 21:58

I’d never have become their landlord - we would have never exchanged until the property was empty. My mortgage was for a primary residence, not a buy to let.

OP posts:
Pobblebonk · 18/07/2020 23:02

@Shizzlestix

but why should they inconvenience themselves because their landlord hasnt done things properly, he's at fault, why should they suffer?

But he has, the tenant agreed to move out at the start of July after having received the S21. I think it’s very poor of them to refuse to go with no end in sight.

But it remains the fact that the landlord put the property on the market when he knew that he wouldn't necessarily have vacant possession by the time he was due to exchange contracts. Wouldn't you say that that was not doing things properly?
Pobblebonk · 18/07/2020 23:04

If not, then I would be tempted to make their life as uncomfortable as possible. Can you cut off utilities etc? Tell them that they will all be switched off? I would be telling them this in no uncertain terms what will happen once you take possession.

OP has made it more than clear that she isn't going to buy whilst the tenants are there.

And any landlord who tried these tactics had better be prepared to get a criminal record and some pretty hefty sanctions.

GETTINGLIKEMYMOTHER · 18/07/2020 23:07

Sorry, @LongWhiskers14, but I don’t think there’s really any such thing as an ‘accidental’ landlord. People make a conscious, considered decision to rent a property out, for reasons of finances or convenience. You don’t suddenly wake up one morning and say, ‘Oops, tenants have moved in! However did that happen?’
(Well, not unless they’re squatters,)

GeorgiaGirl52 · 18/07/2020 23:39

Can you at least file a suit against the selfish tenants to get back the !000 you spent on lawyers, property inspections, etc.? They deserve to suffer a bit.

Shmithecat2 · 18/07/2020 23:47

@GeorgiaGirl52
No, she can't 'file a law suit' against the tenants of the house she doesn't own and has nothing to do with Hmm

Alsohuman · 18/07/2020 23:52

They deserve to suffer a bit

Do they? Why?

lyralalala · 18/07/2020 23:58

@GeorgiaGirl52

Can you at least file a suit against the selfish tenants to get back the !000 you spent on lawyers, property inspections, etc.? They deserve to suffer a bit.
Of course she can't. The tenants are nothing to do with the OP. They are not doing anything remotely illegal.

The issue here is that the LL has tried to be greedy and it's backfired. Decent LL's send the notices, wait for the tenants to leave (of their own accord or by eviction) then sell their house.

Greedy ones who want to maximise as much rental income as possible take the risk of marketing their property before the tenants leave. It's a gamble for them. If it pays off they don't have any months without the rental income. If it doesn't pay off then the buyer is likely more out of pocket then tham.

The only selfish ones here were the sellers/landlords.

ComDummings · 19/07/2020 00:01

@GeorgiaGirl52

Can you at least file a suit against the selfish tenants to get back the !000 you spent on lawyers, property inspections, etc.? They deserve to suffer a bit.
They’re nothing to do with the OP. And they haven’t actually done anything wrong anyway.
Original poster
Plancina · 19/07/2020 00:03

@lyralalala yep - this is why we have walked away. We have no guarantee of when they will leave (could be in a month, could be in six or even more if there are more lockdowns etc) meanwhile the landlord/vendor has lost nothing, we have already spent money on this house which has been wasted. No point in wasting more time and money, letting other nice and empty houses pass us by and still being stuck here in 4/6/8 months time.
I have no intentions of approaching or pursuing the tenants or anyone else - chalking my loss up to stupid tax for not thinking through the potential pitfalls and for trusting the vendor and tenants when they said they’d made an agreement to vacate in early July. Lesson learned!

OP posts:
lyralalala · 19/07/2020 00:08

@Plancina I would be having words with your solicitor in your shoes. They really should have advised you on how easily these situations can go wrong.

I've seen it go wrong extremely badly. Think tenant made redundant (without notice or pay) so their move fell through. Council told them to stay put. Buyers had, stupidly, already gone into temp accommodation to get out of their current place. Again, it was partly down to a solicitor not pointing out the pitfalls strongly enough.