Exchanged on a property and the Tenant won't leave.....

Exchanged on a property and the Tenant won't leave.....

Author
Discussion

batmanreturns

Original Poster:

536 posts

269 months

Tuesday 1st September 2015
quotequote all
Hi guys. I'm after some constructive advice if i may.
My partner exchanged on a property we had rented out last month. The tenant was given the usual section 21 notice and the property is due to complete shortly. The Tenant has turned around and basically said she's not going anywhere and is now a month in arrears on her rent as well.

Clearly we need vacant possession to complete on the sale for our buyers to be able to move in. The issue is that as the property has exchanged what options do we have as landlords? I know we have to go through the usual channels in order to evict her but i wanted to see if anyone had been in a similar situation before and what the outcome was? Clearly we all know we can get the tenant out and that it just takes time, i just don't understand the mentality of these people-they'll end up going via courts and bail lifts so why not just go gracefully?

Should the solicitors have warned us that in the ideal world you should exchange with vacant possession?

Help appreciated?

PurpleMoonlight

22,362 posts

157 months

Tuesday 1st September 2015
quotequote all
The quickest way is to bribe her.

Vixpy1

42,624 posts

264 months

Tuesday 1st September 2015
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I would have thought the buyers soliciters would have to be stark raving mad to exchange with a tenant inside?

Soov535

35,829 posts

271 months

Tuesday 1st September 2015
quotequote all
Vixpy1 said:
I would have thought the buyers soliciters would have to be stark raving mad to exchange with a tenant inside?
Er yeah! This!!


What the hell.....!??!?!?!

Davel

8,982 posts

258 months

Tuesday 1st September 2015
quotequote all
PurpleMoonlight said:
The quickest way is to bribe her.
Sadly probably true....

benters

1,459 posts

134 months

Tuesday 1st September 2015
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Did you make the tenant aware that you were going to sell ?

The buyers solicitors would in 99/100 cases made the buyer aware of the joys of a tenant in situ, so if they did they would most likely have had a conversation with the buyer that 'its up to you' if you proceed, I personally suggest you wait, and don't come running to us if there is an issue.


Soov535

35,829 posts

271 months

Tuesday 1st September 2015
quotequote all
I assume you told them there was a tenant???!

Ilovetwiglets

695 posts

168 months

Tuesday 1st September 2015
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You'd hope they'd have noticed the tenant when they viewed the property!

princeperch

7,924 posts

247 months

Tuesday 1st September 2015
quotequote all
Was a rider agreed to the contract that the tenants would vacate and the seller would provide vacant possession?

If not then it should have been...

Undirection

467 posts

121 months

Tuesday 1st September 2015
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Tell her you've sold the place to s and you wouldn't like to be here when they turn up! (with their dags)
Or pay her to feck off
Or cut off all energy supplies?
Or wait until she goes out and change the locks

batmanreturns

Original Poster:

536 posts

269 months

Tuesday 1st September 2015
quotequote all
yes, they were fully aware there was a tenant in there and that they were given the section 21 when the property exchanged.

HRL

3,340 posts

219 months

Tuesday 1st September 2015
quotequote all
Not exactly sure how it works but can't you pass the eviction notice onto a High Court Enforcement Officer for a small fee?

Then the eviction is almost immediate, no?

batmanreturns

Original Poster:

536 posts

269 months

Tuesday 1st September 2015
quotequote all
legally i don't think you can do that!!

HRL

3,340 posts

219 months

Tuesday 1st September 2015
quotequote all

Tiggers

31 posts

181 months

Tuesday 1st September 2015
quotequote all
batmanreturns said:
Hi guys. I'm after some constructive advice if i may.
My partner exchanged on a property we had rented out last month. The tenant was given the usual section 21 notice and the property is due to complete shortly. The Tenant has turned around and basically said she's not going anywhere and is now a month in arrears on her rent as well.

Clearly we need vacant possession to complete on the sale for our buyers to be able to move in. The issue is that as the property has exchanged what options do we have as landlords? I know we have to go through the usual channels in order to evict her but i wanted to see if anyone had been in a similar situation before and what the outcome was? Clearly we all know we can get the tenant out and that it just takes time, i just don't understand the mentality of these people-they'll end up going via courts and bail lifts so why not just go gracefully?

Should the solicitors have warned us that in the ideal world you should exchange with vacant possession?

Help appreciated?
You have mail!

Eric Mc

122,010 posts

265 months

Tuesday 1st September 2015
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Is this about a home, a garden or DIY?

schmunk

4,399 posts

125 months

Tuesday 1st September 2015
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Eric Mc said:
Is this about a home, a garden or DIY?
A home.

Possibly with a garden (currently unclear).

OP - does it have a garden? Also, how are you with DIY?

loughran

2,743 posts

136 months

Tuesday 1st September 2015
quotequote all
Eric Mc said:
Is this about a home, a garden or DIY?
82,241 posts and you can't see this is about a home ? biggrin

anonymous-user

54 months

Tuesday 1st September 2015
quotequote all
Soov535 said:
Vixpy1 said:
I would have thought the buyers soliciters would have to be stark raving mad to exchange with a tenant inside?
Er yeah! This!!


What the hell.....!??!?!?!
Can I just add my total amazement that the purchasers solicitors allowed this. I wonder if the buyer told them!

A section 21 is no guarantee either - just the first step of a potential lengthy process if the tenant feels like being awkward.

OP may have to help the tenant find alternative accommodation and give them a brown envelope of readies if he wants the tenant out.

VX Foxy

3,962 posts

243 months

Tuesday 1st September 2015
quotequote all
Fecking amateur landlords. banghead