Would a seller’s solicitor strongly advise against this?

[lollygiggler]

I think I know the answer but asking anyway.

I’ve been issued a section 21 and have to move in 5 weeks

I’ve seen a house we’d love to buy and could just about afford but don’t have time to buy before we have to move out. There is nowhere we could go while we wait and moving with SEN kids is tough, they couldn’t do it twice.

The house we want to buy is empty. Been on the market for ages and had one chain collapse already.

Is there any chance of moving in while the paperwork goes through? Just on an AirBNB type rent, not a tenancy agreement.

I am pretty sure any solicitor advising the seller would say “hell no” but I’m getting desperate so thought I’d ask.

They would advise against it. If a buyer has already pulled out, it could have an issue with the house. Plus mortgage rates at the moment are insane.

Yes you can ask. There's a specific phrase for it but it is done. If it's a private property I don't see any problem with this at all but estate agents often won't even float the idea. I have no idea why - if we were selling and this was offered it wouldn't bother me. Be aware you may very well have to exchange before you move in though - to stop you suddenly asking for money off.

I did it when I sold my flat. The buyer moved in on licence and paid rent equivalent to my mortgage and monthly bills. It's probably not failsafe though and this was 25 + years ago.

If you’re planning to buy a house (this one or another one) then there’s nothing to stop you ignoring the S21 and staying in your existing property until you complete on your purchase. An S21 is not an eviction notice, it merely allows the landlord to apply to the court for possession if you’re still there after the deadline. The court process will likely take months. So you probably have much more time than you think.

Obviously, if you go down this route the landlord won’t give you a good reference. But if you’re buying somewhere and not renting again that doesn’t matter.

Alternatively, have you thought of buying the flat you’re already in?

You don't have to move until your landlord has obtained a possession order from the court. That buys you more time.

Similar situation. We have been asked, we said no.

Imagine if you moved in and then pulled out of the sale and refused to move out. The seller won't risk that happening.

I did this as the buyer a few years ago. The solicitors indeed advised against; I explained how it would work and the safeguards and the seller was reassured.

As others point out, you just inform your current landlord that you are in the process of a purchase to enable you to move out. Your leaving date will be delayed whilst this goes through. You will continue to pay rent at the current rate and will vacate as soon as possible. Thats perfectly reasonable. The landlord may not be happy about it but that makes makes no odds. In reality they probably won't even start the eviction process as they will realise them spending time and money on starting the lengthy eviction process is pointless.
Dont ask, tell them politely this is whats happening.

The other issue could be if the house is still mortgaged, they cant let it out, as a condition of the mortgage.

No harm in asking. But accept the answer might be no.

I agree with others that the better solution is to stay where you are, be up front with your landlord/keep them informed of progress and keep paying rent, the landlord will likely not go to the trouble of eviction proceedings as you’ll be gone sooner than they will take.

You stay put until the sale goes through

I’d just stay put. My friend has been given a section 21 notice after complaining (again) about mould as she had to attend the out of hrs GP on weekend and they said its likely the mould. She is trying to buy, but complicated, but if she gets a mortgage in principle she will offer on some flats and i’d suggest she stays where she is until sale goes through. She has a SEN child too, high needs. Otherwise I guess the council would have to house her in temp accomodation. So i’d do the same and stay.

Our old neighbours did this- they had a separate contract drawn up with a stupid amount of money liable if things fell apart (like 3x house deposit!)

Just wait it out, it will take your landlord about a year to get to court. I bet if you ask they will let you stay anyway. Ours did.