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Buying a flat with tenants yet to move

11 replies

user1471504821 · 03/08/2021 20:08

Just after a bit of advice for my daughter and her partner who have had an offer accepted on a flat. The tenants there have been given 6 months to move out. Is it wise to spend out on a survey/solicitor costs before the tenants move in case they aren't able to move on during that timeframe? Is it better to continue looking at other flats meanwhile?

OP posts:
Givemebackmylilo · 03/08/2021 20:10

I wouldn't go near it personally

But on the other hand they might be lovely tenants who leave on time

Dinosaurballoon · 03/08/2021 20:11

Not worth it. 90% likely to be a nightmare

Aquamarine1029 · 03/08/2021 20:11

Oof. This is a tough one. I would be so wary of them refusing to move out. Getting them out could take ages. I don't know what I would do, but hopefully someone on MN with expertise will be around to help.

lastqueenofscotland · 03/08/2021 20:11

It’s a tricky situation.
If they don’t instruct solicitors for 6 months any sane vendor would pull out, however they could spend a fortune and the tenants not leave. Personally I’d look for something else

LIZS · 03/08/2021 20:12

Keep looking. It could go on, and on...

helly29 · 03/08/2021 20:16

The 6 month notice is only the time after which the landlord can apply to court to evict them, they might not get a court date for over a year with the backlogs. They don't have to leave until the courts evict them.

Even if they are nice tenants, if they need rehousing by the council they will be advised to stay until formally evicted as they will not be eligible for council help if they leave before they legally have to.

I short, I'd not spend any money, it could be a long time. Look elsewhere, the vendor shouldn't have put it on the market before the property is vacant.

Jasmine11 · 03/08/2021 20:38

Don't do it! We lost a house earlier this year where the tenants refused to move out (but they were 'kind' enough to let the estate agent know that they wouldn't be going anywhere before we paid for searches/surveys etc). Apparently it can take up to 2 years to get non-cooperating tenants to leave through the courts. And I don't think you could get a mortgage without vacant possession anyway, unless you were willing to take on the tenants and get a buy-to-let mortgage.

user1471504821 · 03/08/2021 20:40

Oh dear, you're confirming what I was worried about. Feel sorry for them, they were so excited at getting an offer accepted on a ground floor flat with garden after losing out on 4 houses that went for 25k over asking price. Thanks for all your advice, much appreciated.

OP posts:
TheWayTheLightFalls · 03/08/2021 20:48

It's great that they've had an offer accepted. For now though I'd keep looking, without doing more than the bare minimum on the solicitor front, until the six months has passed and the tenants have left. I imagine they'll see in a few months whether it looks like the tenants are moving out or staying put till the bitter end.

1frenchfoodie · 03/08/2021 20:54

If I was them I would keep looking. I will get my home back later this month, over 9 months after giving the tennant 6 months notice and I was relatively lucky on timescales compared to some parts of the country. The tenants in this case may well move out by the date given (most do) but there could be months of delay if they don’t.

MarianneUnfaithful · 03/08/2021 21:07

I think it is pretty outrageous to market a flat under those circumstances. Would their mortgage offer last that long?

I would keep looking, and tell the EA to call me when the flat was vacant.

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