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Original poster

Looking to buy this house but has sitting tenants

43 replies

Ulysees · 01/02/2024 09:53

We looked around it. Tenants showed us around and said they are ready to go and if the house is sold they go up social housing list.

We're wanting to move in. We do have a house. This will be cash sale no chain.

It's got so much going for it but this is obviously a stumbling block.

Has anyone had this experience?

TIA

OP posts:
PuttingDownRoots · 01/02/2024 09:56

The owner needs to officially give notice, then go through eviction process for them to actually move up the housing list in most areas unfortunately. It could take months. (In England)

If the landlord hasnt even given notice... dont touch

Whatevershallidowithmylife · 01/02/2024 09:57

No but given the advice readily given on here it would seem the tenant stays put until the landlord/owner goes to court to evict them and only then do Council step in. By them vacating on landlord/owner giving notice is seen as making themselves homeless.

Rosesanddaisies1 · 01/02/2024 10:05

No way I'd go for that. Getting tenants out can take months if not years, if they have to go through the courts.

Iamnotawinp · 01/02/2024 10:08

My friend had a lodger and the lodger had to physically move out before the buyers would complete.

I know it’s not the same, but would that work?

Clearinguptheclutter · 01/02/2024 10:10

I don't know exactly how it works but it seems to be very naive of the tenants to say "if the house is sold they go up social housing list.". That may well be technically true if they are effectively made homeless but it absolutely doesn't mean that the council has anywhere to house them!

RowanMayfair · 01/02/2024 10:12

You cannot buy it until they leave. They are also likely wrong in their belief that they will simply go up the list when the house sells. They likely have to be actually evicted before that will happen and if they don't leave without waiting for eviction they won't be out within a year. Give up on this house.

1983Louise · 01/02/2024 10:25

Walk away...........

Original poster
Ulysees · 01/02/2024 10:28

Oh no. Thanks for the information.

OP posts:
Popquizzer · 01/02/2024 11:20

Ask to see the documentation serving notice for them to leave and check the dates. Obviously your solicitor wouldn't hand over money until the house is actually vacant. I'd investigate a bit more before giving up if the house would really suit you.

YetMoreNewBeginnings · 01/02/2024 11:23

You'd need to be prepared for long delays.

Round here when landlords go to court it is taking 4-5 months to get a date. Then, assuming all paperwork is in order and the eviction notice is given, it can take another month or so to deal with enforcing the order.

Has the seller started the court process? Or are they hedging their bets and waiting for the sale to proceed so they can continue receiving rent?

They may be assuming that the sale would be a trigger for the council, but most now insist people wait for the full eviction process.

Allthegoodnamesarechosen · 01/02/2024 11:24

House sold with sitting tenants = new landlord ( you)

Original poster
Ulysees · 01/02/2024 11:38

No I won't be signing anything while occupied.

We're just going to keep looking. This was perfect though. Needs things doing but so well situated.

OP posts:
Wetweatherandmud · 01/02/2024 11:58

We had a nightmare situation when the tenants refused to leave. We were due to exchange and complete on the Wednesday and on Thursday, late afternoon, I popped into estate agents to check they had gone and found out that they were refusing to go. Owner suggested we complete and then evict them ourselves. We ended up homeless as had to complete on our sale and it was peak holiday rental season so sofa surfed for seven weeks. We had to buy a new build as couldn't risk a chain.

Tenants took four months further to evict as they wanted to be eligible for social housing. The vendor got less than we had offered when he finally sold as they had trashed it and even stole the garden shed.

Avoid any house with tenants unless you have concrete proof they are actually moving out.

Original poster
Ulysees · 01/02/2024 12:01

@Wetweatherandmud that's awful.

OP posts:
caringcarer · 01/02/2024 12:05

I bought a very run down house with a sitting tenant with the purpose of complete renovation. I asked the vendor to give notice to tenant. He did a section 21 and paid tenant £1k to go. The tenant was a single man and moved about 8 doors up the road at end of 2 months. He didn't mind moving. The sale went through very smoothly. The old tenant has asked my DH twice if he could see how renovation is going. DH let him look. It's almost completed and I am half expecting ex tenant to want to let it again once we put it up to rent.

WinterDeWinter · 01/02/2024 12:09

It was a long time ago but my parents bought their house with a sitting tenant who was still 'sitting' when they completed. They had to go to court to evict but they knew this and rented elsewhere until that process was finished. Because of this they got a massive discount on the price of the house, which they absolutely wouldn't have been able to afford otherwise - something like 20%.

RowanMayfair · 01/02/2024 12:32

By the way it's tenant in situ not sitting tenant. Sitting tenant is a term for something specific that is largely obsolete as the law changed in the 80s but there are probably some sitting tenants still in existence. Tenant in situ just means a tenant living there.

SnowsFalling · 01/02/2024 12:53

When you say cash purchase, could you get enough of a mortgage to have both houses for a bit, then evict /give notice to the tenants if still there?
I'd only touch it if you can have 2 houses for a while - and I'd offer very low given its occupied currently.

Original poster
Ulysees · 01/02/2024 13:15

@SnowsFalling yes we don't need to immediately sell ours. We don't have a mortgage and cash to buy this one. I'd do what you say but I know dh won't.

Tenant doesn't have a contract.

I've been searching rightmove but nothing comes close.

OP posts:
Fifthtimelucky · 01/02/2024 14:15

If there is no chain and this is a cash purchase I don't see a problem.

My daughter bought a flat a year ago from a buy-to-let landlord. We were told that he would give the tenant notice as soon as he had accepted an offer. Daughter offered, landlord accepted, gave tenant notice and tenant moved out.

Daughter was a first time buyer living at home so there was no chain and the timing wasn't crucial.

RowanMayfair · 01/02/2024 14:48

Fifthtimelucky · 01/02/2024 14:15

If there is no chain and this is a cash purchase I don't see a problem.

My daughter bought a flat a year ago from a buy-to-let landlord. We were told that he would give the tenant notice as soon as he had accepted an offer. Daughter offered, landlord accepted, gave tenant notice and tenant moved out.

Daughter was a first time buyer living at home so there was no chain and the timing wasn't crucial.

Because the tenants might not leave! In fact probably won't if they are hoping to get council housing. So the OP buys the house and can't move in until she's evicted the tenants 🙄

Blankscreen · 01/02/2024 14:51

You exchange a conditional contract which is conditional on vacant possession.

£1.00 paid on exchange

10% deposit paid on the date you are notified of VP and completion x days thereafter.

It's not a standard contract so wouldn't recommend using an online bulk conveyancer.

You need a specialist.

mondaytosunday · 01/02/2024 15:07

Do not exchange until they have vacated. Absolutely do NOT EXCHANGE UNTIL VACANT. Just to be clear, do not commit yourself legally and exchange contracts til you have visited and confirmed they have moved out.

Wetweatherandmud · 01/02/2024 15:11

“Tenant doesn't have a contract”

This is what would worry me the most. Maybe someone on here can say if this complicates things.

YetMoreNewBeginnings · 01/02/2024 15:12

Ulysees · 01/02/2024 13:15

@SnowsFalling yes we don't need to immediately sell ours. We don't have a mortgage and cash to buy this one. I'd do what you say but I know dh won't.

Tenant doesn't have a contract.

I've been searching rightmove but nothing comes close.

If the tenant is paying rent they have a contract.

Contracts don’t always have to be on paper.

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