Looking to buy this house but has sitting tenants

[Ulysees]

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

If the tenant is wanting social housing they won’t be able to leave when given notice.

For most councils to help they’ll have to stay until physically evicted. So the landlord will have to give notice, then after the notice period apply to court for an eviction order (can take several months), get a bailiff company to deliver the notice, and then store the tenants belongings (as they’ll likely be in a hotel or BnB) for at least 14 days before they can dispose of them.

It’s not a quick process at all when the tenant can’t or won’t leave

I certainly wouldn't advise it if the OP wanted to move in a hurry. But it sounded like that wasn't the case here.

I definitely agree with everyone else though about not exchanging until the tenant has moved out.

In my daughter's case, the tenant moved out after their 8 weeks notice period and the conveyancing process took much longer than that, so the flat was empty for a couple of months.

Obviously nobody would exchange or pay over funds while the tenants were still in situ. But there's no harm giving the seller the chance to move them out and then buy.

Maybe. But given they get 2 months notice at a minimum before the OP even knows if they are going to leave it's a delay she probably doesn't need for a house that may not be available to buy. You say nobody would exchange or hand over funds but you couldn't even start conveyancing without risking wasting money.

There’s no such thing as a sitting tenant. The landlord can give the tenants notice. it’s not as dire as many on here on saying.

Yes they can but the tenants don't have to leave! It might be fine but equally it might be dire. Point is it's not worth getting involved with a house until the tenants have left.

Thanks again all.
Dh spoke to the estate agent again. She rang owner. Owner said they've issued tenants with section 21 and emailed the council. They've accepted our offer. So as we're not in a hurry and don't need to sell we're going to see if the tenants do go and obviously only exchange when they do. And subject to survey.
There's no other house available anywhere near as nice at that price. It's semi rural and great views. Neighbours are nice. No crime or non recently. No cold callers.

The difference to what we're leaving is unreal. Our street has been bought by slum landlords. There's people squatting a few doors up. Next door has windows out. Another house is boarded up. Over the road has been empty for years. Lots of awful neighbours. So if this comes off it'll be heaven in comparison.

What do you mean the tenant has no contract?
As a PP said, if they're paying, there's a contract. If they're not paying and there's no contract, they're squatters.

Giving notice doesn’t mean tbt tenant will actually leave - and if they’re waiting for social housing they won’t be able to leave.

The current wait here to get an eviction notice from the court is 4 months.

The same thing happened to me. The landlord didn’t serve notice as the tenant was his best man at his wedding so completely trusted him.
I waited a while then found somewhere else as it was taking months. Never again! Probably best for the landlord to gain possession before trying to sell.

If the tenant is paying rent, they do have a contract.

Friend recently bought a flat which had tenants in situ when he viewed. The tenants were given notice and did move out as agreed, although it slowed the sale somewhat as obviously my friend was not going to exchange contacts until the tenant had departed and the now-vacant property had been checked.

Note that "tenants in situ" as above is very different to a "sitting tenant": the latter means they have a protected tenancy for historic reasons (usually someone who has rented the same property for several decades) and cannot be evicted by legal means. You need to double check! The value of a property with a genuine sitting tenant (whom the new landlord remains responsible for housing), is usually heavily reduced from a regular sale.

Yes they do have a contract I get it now. Just what they said.

Anyway I'll post back if they go. We're not in a rush. They're a lovely couple so am hoping they get social housing? That's what they want. These landlords (3 own it) haven't done anything to the house.

If it's meant to be it'll happen.

There's some conflicting advice on this thread.
Not all properties are sold with vacant possession and often if they are advertised with a tenant in situ then the idea is that the tenant isn't evicted for the move and remain in the property. It sounds like the sellers are agreeing to vacant possession but 100% make sure its part of your contract because its not automatic
https://www.co-oplegalservices.co.uk/media-centre/articles-may-aug-2017/what-is-vacant-possession/#:~:text=When%20buying%20or%20selling%20a,been%20agreed%20with%20the%20buyer.

If they are reliant on council housing the waif is long. It's no fault of the tenants, even if they were the loveliest people in the world the way the list works in out area means that they have to draw it out. They won't leave at the end of that notice, it will then need a several month period to go to court and to be evicted. There are also several places they can appeal and prolong the process

In my area if a tenant leaves at the end of their notice, without waiting for the the bailifs turn up, they are removed from the list. They certainly don't reach any kind of priority until they are at that point

It's also worth noting that if they don't have a contract, it may mean they have been sparse on the correct paperwork which may complicate things eg in order to serve sec 21 then you need an energy certificate for the house and to be using a deposit scheme, have gas safety certificates etc. If they've been doing stuff informally they will have to sort that else the eviction won't be valid

Usually the council encourages people to fight to stay in their own house before rehousing them

I bought a house with tenants and my solicitor insisted they had moved out before we exchanged. I had to visit to check the house was empty.

@Potatoshigh thanks. We definitely are only going for vacant possession. That's what's in the contract. We aren't in a hurry but obviously don't want to wait years.

Just saying hello in solidarity. In a similar position - trying to buy a house where vendors clearly hadn't checked the legal position for their tenants, who have a rock solid contract for over a year still to run. Vendors are going to have to try and buy the tenants out of their contract. I'm clinging on because it's a great house and I feel everyone has a price so feel this can be solved. However, absolutely support the tenants in getting solid compensation for being put through this, so prepared to give them time to get the negotiation right from their side.

Good luck @Tupster . Post back when you get some good news and I'll do likewise 🙏🤞