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Original poster

Seller pulled out of sale, after evicting tenants

19 replies

Countrygirl12 · 15/12/2022 18:23

My friend had an offer accepted on a house about 6 months ago. But the property was rented. The tenants knew about the sale, but there were delays in the notice of eviction being served. Now the property is empty, and my friend viewed the property again last week.

The exchange was meant to be at the start of next week. But the seller has decided they don't want to sell the property now, for "family reasons".

Where does my friend stand legally? Can they claim costs back from the seller for fees? Is it even legal to evict people on the pretense of selling, but not actually sell the property?

Thanks

OP posts:

nicknamehelp · 15/12/2022 18:24

Unfortunately as they hadn't exchanged nothing she can do and money spent is lost. So long as proper note etc given nothing to be done there.

CloseYourEyesAndSee · 15/12/2022 18:27

Silly to try to buy a house with tenants in. Always wait for them to move out before offering.

Original poster

Countrygirl12 · 15/12/2022 18:31

Thanks, hopefully they can claim back some of the fees

OP posts:

Syrax · 15/12/2022 18:33

Assuming this is in England, they won’t be able to claim back any fees.

And yes - at the moment it’s prefectlynlegal to evict tenants for any reason, or no reason at all.

Original poster

Countrygirl12 · 15/12/2022 18:33

CloseYourEyesAndSee · 15/12/2022 18:27

Silly to try to buy a house with tenants in. Always wait for them to move out before offering.

In an ideal world yes, but in the current market, most properties in this area have tenants. Even when you go to view the properties, the estate agents don't tell you the full story until after you view and put in an offer

OP posts:

Lastqueenofscotland2 · 15/12/2022 18:39

Legally they have no recourse to claim any of the fees I’m afraid

PrimarilyParented · 15/12/2022 18:42

No legal recourse, she should have got homebuyers insurance to cover this. It costs about £50 and is well worth it.

2bazookas · 15/12/2022 18:44

You don't know the terms on which the LL and tenants ended the tenancy. None of your business.

What "fees" does F hope to claim back from the seller?

Mortgage arrangement, survey costs are her sole responsibility at her risk.

Ban · 15/12/2022 18:48

Countrygirl12 · 15/12/2022 18:31

Thanks, hopefully they can claim back some of the fees

Where abouts in the UK are you? As most of the advice above is for English law.

Original poster

Countrygirl12 · 15/12/2022 18:51

2bazookas · 15/12/2022 18:44

You don't know the terms on which the LL and tenants ended the tenancy. None of your business.

What "fees" does F hope to claim back from the seller?

Mortgage arrangement, survey costs are her sole responsibility at her risk.

The seller delayed the sale due to the tenants and issues with submitting paperwork I think.

Just hoping there was a way to claim back some survey costs or compensation for inconvenience. The seller allowed a final viewing only a couple of days ago

OP posts:

thewayround · 15/12/2022 18:53

Countrygirl12 · 15/12/2022 18:31

Thanks, hopefully they can claim back some of the fees

On what grounds?? It hadn’t reached contractuals!

thewayround · 15/12/2022 18:53

Countrygirl12 · 15/12/2022 18:51

The seller delayed the sale due to the tenants and issues with submitting paperwork I think.

Just hoping there was a way to claim back some survey costs or compensation for inconvenience. The seller allowed a final viewing only a couple of days ago

Show quote history

No hope. None.

thewayround · 15/12/2022 18:54

The exchange was meant to be at the start of next week. But the seller has decided they don't want to sell the property now, for "family reasons".

disappointing for your friend but this was completely and utterly their prerogative

thewayround · 15/12/2022 18:55

Is it even legal to evict people on the pretense of selling, but not actually sell the property?

you don’t need to have a reason for giving notice!

thewayround · 15/12/2022 18:56

You and your friend need to clue yourselves up a little on the house buying process I think

ohioriver · 15/12/2022 19:02

Are you in England and Wales op? Or your friend rather?

TellMeWhere · 15/12/2022 19:02

Sorry, you're living in a dream world.

There are no legal obligations on buyer or seller until exchange of contracts. No costs can be reclaimed. It's a shitty situation to be in and I've lost money on two failed purchases, but it's just the way it is unfortunately.

I had no idea homebuyers insurance was a thing, so I will investigate that.

The process is a bit more protected in Scotland as a lot of the legal/survey stuff is done in advance by the seller, so exchange happens more quickly.

Someone else's eviction is absolutely none of your business.

ohioriver · 15/12/2022 19:02

Countrygirl12 · 15/12/2022 18:31

Thanks, hopefully they can claim back some of the fees

On what grounds do you think that would be possible?

mindutopia · 16/12/2022 14:42

No, nothing she can do really, I'm afraid, except pick up and start looking again.

The same happened to us (minus the tenants, the delay was the sellers trying to find a new job/onward purchase). They pulled out after 5 months, just before exchange. We lost all the money we had already put into the purchase in conveyancing, etc.

Realistically, it was for the best. We found an amazing new property (which is now our home and we love it) and they re-marketed the next year during the COVID madness and made £300K on what they had paid for it 3 years earlier. It was exactly the sort of rural property that every fool in London was upping sticks to buy. In the end, it all worked out for everyone (except whoever bought it...who is probably freezing at the moment and cursing the decision to move given the rail strikes 😂).

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