Exchanged on a property and the Tenant won't leave.....
Discussion
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?
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?
Ok, quick update. The tenant moved out after blackmailing us for £3000 which now means completion can take place as planned today.
As many have said, the solicitors have dropped a huge clanger by not advising us that you'd be nuts to exchange contracts without vacant possession incase this very situation arose. As a result, we intend to complain to the solicitors for negligence and ask for them to cover the £3k which i think is the least they can do considering they put us in a situation which could have cost us (and them) a lot more.
As many have said, the solicitors have dropped a huge clanger by not advising us that you'd be nuts to exchange contracts without vacant possession incase this very situation arose. As a result, we intend to complain to the solicitors for negligence and ask for them to cover the £3k which i think is the least they can do considering they put us in a situation which could have cost us (and them) a lot more.
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