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Original poster

Tenants have not been given notice - What do we do?

37 replies

unCliche · 02/12/2020 17:26

DH and I (FTB) are currently in the process of buying a house that's tenanted. We put in the offer beginning of Nov and were hoping to complete by Feb - our offer and vendors acceptance was conditional on this.

We've asked multiple times about when the tenants are leaving and have never gotten a clear answer. When we saw the estate agents two week ago, we asked again and from what was implied, it seems that the tenants have not been given notice because the landlord doesn't want to lose out on rent in case the purchase falls through!

Just found out that landlords have to give six months notice due to COVID. There is no chance we can complete by Feb if they weren't given notice in Aug.

We're in no hurry to move but the landlord should have known this before putting the house on the market. What do we do? Pull out of the purchase? Ask for money off knowing we'd have to wait months to complete??

I am so annoyed!

OP posts:
Echobelly · 02/12/2020 17:32

Sorry to hear that - I'm afraid it's entirely possible for LLs not to know as there's no official notification to LLs when things change (which I think is ridiculous given how amateur LLs are and it wouldn't be hard in this day and age to just ask every LL to sign up for important notifications or else risk being caught out like this). I'm expect he or she assumed it was still 2 months and they could wait until everything was agreed.

I think you will have to tell them you're going to walk away if you can't get in there for 6 months - it might incentivise them to incentivise the tenants (I think it's not unheard of for LLs who need them to move out to offer some cash to get out early - but no guarantee of that working)

Mydogisagentleman · 02/12/2020 17:32

I think if I was going to proceed with buying it, I would ask for a guarantee that the tenants had definitely been given notice
Since news of the vaccine being approved, it may be easier for tenants to find a new place.
Good luck

LIZS · 02/12/2020 17:33

Will your mortgage deal hold or be extendable without further cost? They should have issued notice sooner if they were serious about selling. Not only that but until the property is actually vacant you cannot exchange without the risk of sitting tenants as they could remain after notice expiry and await eviction. Tbh I would be looking elsewhere.

CodenameVillanelle · 02/12/2020 17:34

You know that tenants won't definitely leave at the end of the notice period right?
If you really want this house you need to see evidence that they have been served notice and expect to be waiting minimum 6 months, up to 18 months if they have to go to court to evict. Is it worth the wait?

Original poster
unCliche · 02/12/2020 17:40

@Echobelly is it worth assuming that tenants don't know either and they'll be happy to leave within 2 months? Even if the law changes today, 1st Feb is already less than 2 months away (I obviously wouldn't walk away if we completed a few days after that but there's a chance the law won't be changing soon)

@LIZS Our mortgage offer expires 22 May 2021. We've already spent a lot of money. Can't believe we may have to start looking again.

OP posts:
Original poster
unCliche · 02/12/2020 17:41

@CodenameVillanelle that sounds like a nightmare scenario and the thought of it just makes me want to cry. Can't believe we could be back to square one.

OP posts:
CodenameVillanelle · 02/12/2020 17:43

[quote unCliche]@Echobelly is it worth assuming that tenants don't know either and they'll be happy to leave within 2 months? Even if the law changes today, 1st Feb is already less than 2 months away (I obviously wouldn't walk away if we completed a few days after that but there's a chance the law won't be changing soon)

@LIZS Our mortgage offer expires 22 May 2021. We've already spent a lot of money. Can't believe we may have to start looking again.[/quote]
That's outrageous. The law isn't going to change until after March and you absolutely shouldn't rely on landlords exploring tenants and failing to follow the law.

Echobelly · 02/12/2020 17:51

@CodenameVillanelle is right that there's no guarantee of them leaving on given date, the LL can't make them leave if they don't want to without the court enforcing - sorry to be reinforcer of bad news!

Original poster
unCliche · 02/12/2020 17:52

Just spoken to the estate agents and they have been served noticed, however, they couldn't confirm when the notice was given but they said that the landlord may incentivise them to leave earlier - but what's to say they would? Should we chance it??

OP posts:
Primulachristmas · 02/12/2020 17:53

I'd be asking your solicitor to speak to their solicitor about this rather than trusting the estate agents

WB205020 · 02/12/2020 17:57

I would speak to your solicitor to get them to speak to their solicitor and get confirmation notice has been served and the move in date being aimed for it February with the property being empty prior to this.

I would perhaps go so far as to say unless the property is empty in January you will walk away. Yes that might sound unreasonable but if for any reason the tenants decide not to leave they have to apply to the courts this could take months so you could be about to exchange, or worse still have already exchanged, and the tenants are still their and refuse to move.

Original poster
unCliche · 02/12/2020 18:08

Thanks @Primulachristmas & @WB205020. I've just sent an email to the solicitors saying exactly what you suggested WB205020. I've never bought a house before so don't want to get too hopeful and assume everything will work out.
I really have a bad feeling about all of this Sad

OP posts:
CodenameVillanelle · 02/12/2020 18:19

For future reference you shouldn't look to buy a property with tenants in.

Goldensnitchy · 02/12/2020 18:22

Don’t usually like generalising but...never trust estate agents. They will say whatever they need to to get the sale through. Keep applying the pressure through your solicitors.

Gensola · 02/12/2020 18:25

This happened to us - we pulled out and we are now living in the next house we offered on. The tenants are still in the former house. I’d look for vacant possession houses, we did that after being burnt last time and it was so much easier.

Original poster
unCliche · 02/12/2020 18:37

@Gensola what was the point of putting the property on the market? It makes no sense why landlords would do so if they have no intention of selling 😪 Glad to hear you had a happy ending.

I guess I won't know anything about my predicament until the solicitors get back to me

OP posts:
PigletJohn · 02/12/2020 19:04

don't know when notice was given... don't know if the owner will bribe incentivise the tenants....

keep looking for another home.

Barton10 · 02/12/2020 19:04

Don’t exchange until they have vacated would be my advice

murbblurb · 02/12/2020 19:08

no sane solicitor will let you exchange until the property is vacant, otherwise you'll become the new landlords.

the estimate upthread of 18 months is right, I'm afraid, if the tenants don't want to leave. Or if they want council accommodation which means they have to wait until the bailiff.

also a landlord as clueless (or crooked) as this one may not have all the right paperwork/legals in place. That means the notice will be invalid.

paying the tenants to leave early is the only way that this might work.

I'm sorry - but in your position, walk away.

Sprig1 · 02/12/2020 19:13

I am afraid you have learned the hard way never to offer on a tenanted property unless you want to keep the tenants. Even if tenants have been given notice it doesn't mean that they will leave. Often they don't.

CeibaTree · 02/12/2020 19:24

Also won't this delay cause you to miss out on the stamp duty break?

Viviennemary · 02/12/2020 19:29

Your solicitor should have been dealing with this problem. Depends whether or not the tenants will move out. If they won't it's going to take forever to evict them through the courts. I'd walk away. I don't think it's wise to make an offer on a property with tenants. Even more so now with Covid to consider.

Carrotcakey · 02/12/2020 19:35

I’m sorry but why is everyone presuming these tenants won’t leave after 6 months. The vast majority of people vacate when required and don’t squat, go to court etc...

We brought a tenanted property and had no issues whatsoever once notice was served.

CodenameVillanelle · 02/12/2020 19:36

@Carrotcakey

I’m sorry but why is everyone presuming these tenants won’t leave after 6 months. The vast majority of people vacate when required and don’t squat, go to court etc...

We brought a tenanted property and had no issues whatsoever once notice was served.

Nobody is presuming but it's always possible, especially when people have lost jobs left right and centre and are less able to find properties to move to.
Idontgiveagriffindamn · 02/12/2020 19:37

There is no way I’d exchange on that property without vacant possession. It may cost you thousands to evict and take months and that’s assuming that you win the case.

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