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Original poster

Tenants in a property for sale

94 replies

Paragon6 · 30/07/2022 14:32

I just wondered if anyone knew the common practise or have been in the same boat.

We're in the process of buying a flat which has tenants in at the moment, we were told they need 2 months notice to move out which is fair enough but at what stage would they be given notice?

We've asked the estate agent twice who has avoided the question and our solicitor has asked the sellers solicitor and not had an answer.
I completley understand not giving notice as soon as an offer is made as things can go wrong, but we're pretty much good to go our mortgage is approved, searches back and paperwork signed. Surely if they're waiting for us to complete before giving notice that's quite a big delay they would have to tell us about? Or am i just a FTB being niave?

Thanks so much for any help!

OP posts:

Ilikewinter · 30/07/2022 14:36

Personally this would really bother me, for example what if the tennants refuse to move? ..... or they move out but trash the flat ??

LunaLemon · 30/07/2022 14:38

I don’t think I’d want to risk buying with a sitting tenant, sorry.

BlanketsBanned · 30/07/2022 14:40

I wouldnt buy a flat with a fenant unless it was a buy to let, 2 months could be the minimum notice and they could refuse to move out or trash the place.

Tonysopranosghost · 30/07/2022 14:40

I'd refuse to exchange until the tenants have left and you've checked over the property. Otherwise you've got no guarantee that a) they'll leave before you own it, b) it'll be in the state you expect

skyeisthelimit · 30/07/2022 14:44

If they are selling it to you with vacant possession then they need to give them the LEGAL minimum 2 months notice now, as you won't be able to complete until they are gone, or more to the point, you shouldn't , for your own protection.

It is common with Landlords to not give notice as they want the rent to keep coming in until sold, but they do need to give notice so that you know what date to aim for completion and they need to accept/suck it up that there could be a month with no rental income.

You/your solicitor needs to insist that they give you a date for when the tenants will be out. I don't see how you can safely proceed without knowing that they have been given notice.

Wombat27A · 30/07/2022 14:44

The solicitor should be getting them to sign something to say there will be vacant possession.

The notice is for the tenants to leave. They can stay until evicted tho. People being shifty about this relatively simple question is a red flag for me.

Talk to your solicitor.

TeachesOfPeaches · 30/07/2022 14:45

Wouldn't touch a property like this with a barge pole

Original poster

Paragon6 · 30/07/2022 14:45

That's what i'm scared of! Glad i'm not alone, my husband says i'm being silly and watching too much 'slum landlord, nightmare tenant'. I don't think it's unreasonable to see them leave before i sign anything final. Maybe i should tell the estate agent that?

OP posts:

godmum56 · 30/07/2022 14:45

TeachesOfPeaches · 30/07/2022 14:45

Wouldn't touch a property like this with a barge pole

this

Ilikewinter · 30/07/2022 14:46

Also the fact that both the estate agents and their solicitor's arent responding to your questions should be ringing alarm bells...... are you at the point of completion yet they haven't been given notice yet?

godmum56 · 30/07/2022 14:47

Paragon6 · 30/07/2022 14:45

definitely. Be clear that its no deal without actual vacant posession

Original poster

Paragon6 · 30/07/2022 14:53

All of the paperwork says we'll be buying with vacant possesion but i would feel so much better to see it empty. Clearly i've been too nice and naive. I'll send a strongly worded email on Monday and if they can't give a date maybe this one wasn't meant to be. Thank you so much for the replys!

OP posts:

snowspider · 30/07/2022 14:53

Tenanted properties are not generally suitable for purchase by owner occupiers. There is a clause in the contract for the tenants to sign saying they will leave the property. Your solicitor shouldn't let you exchange until the tenants have left. As people have said even if they are given correct notice they are not obliged to leave the property and could wait for eviction which could take ages. I would avoid unless buying as an investment.

PegasusReturns · 30/07/2022 14:58

I’m surprised your mortgage company are content with this because most wouldn’t be.

JosephineGH · 30/07/2022 14:58

This reply has been deleted

This has been deleted by MNHQ for breaking our Talk Guidelines.

TheMagicDeckchair · 30/07/2022 14:59

Do you know anything about the tenancy? Is it a fixed term due to end shortly or a periodic tenancy?

We’re selling a property that is currently tenanted. I gave the tenants the first refusal to buy, but they didn’t want to buy so an owner occupier is buying it. The tenancy ends in the autumn and we’ve just accepted an offer. The estate agents and the letting agents are the same company, so the agents are going to handle the tenancy termination. I wouldn’t expect the buyer or their solicitor to be prepared to exchange until vacant possession is confirmed.

In your position I would ensure that the tenants have left and undertake a final viewing prior to exchange.

TiredButAlive · 30/07/2022 15:01

You are not in a contract with them so cannot give notice surely? The current owners must do that.

TiredButAlive · 30/07/2022 15:03

Sorry ... misread... yes you should ask for notice to be given now

smooththecat · 30/07/2022 15:04

Your solicitor needs to be on this. Don’t bother with the estate agents, they are an unregulated mess.

FinallyHere · 30/07/2022 15:09

Tonysopranosghost · 30/07/2022 14:40

I'd refuse to exchange until the tenants have left and you've checked over the property. Otherwise you've got no guarantee that a) they'll leave before you own it, b) it'll be in the state you expect

This.

GrimDamnFanjo · 30/07/2022 15:09

I'd be worried and get your solicitor involved.
I know someone who is renting and has been asked to vacate.
So far she hasn't found anywhere else and will be staying until she does. She says it can take up to a year to be evicted.
She is in full time employment but rental properties a very scarce, no chance of council housing, no relatives to stay with so faced with homelessness this month she is staying put.

Ilovefishcakes201 · 30/07/2022 15:12

Youll only exchange when the property is empty and you see it yourself.
Despite what you read about problem tenants; most will leave before exchange.
After all they did allow you and others to view the property.

PiedATerrace · 30/07/2022 15:12

Hi, we have experience of buying a house that was tenanted - this was a few years ago but I think rules still apply. I want to reassure you as it's not as scared as people make it up to be here.

First of all, this is not a 'sitting tenant' situation - a sitting tenant is when you buy to let, and they do not leave. Basically, you buy the house to let and they pay rent to you and not to the old owner.

When you buy a house with vacant possession you do not exchange contracts until it's vacant and pre-exchange you do an inspection to make sure it's not only vacant but in good conditions/clean etc. We were happy with the conditions in which the house was left.

You can also make a condition of you continuing with the purchase that notice is served, have a chat with your solicitor and see how far are you from exchange and then work it our backwards to see if now would be a good moment to serve notice.

PiedATerrace · 30/07/2022 15:14

*'scary' not 'scared', sorry - autocorrect fail.

Original poster

Paragon6 · 30/07/2022 15:27

I guess there's no way of knowing if they'll leave quietly or not. I don't know anything about the tenancy agreement other than the fact they've lived there for 10 years... that's probably not a good thing for me!
Completely understand what people are saying that it's not a good idea to buy with a tenant, but it's a flat and surely most flats do have tenants? Or maybe i'm wrong about that if they're going to be sold?
Thanks for the other perspective @PiedATerrace , i don't suppose you remember what stage notice was given in your case? Quite close to exchange do you think?

OP posts:

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