Buying a flat or house question:

Hi all, I am planning to buy a house with tenants living in there. The estate agent said that they need to give 2 months notice for them to move out. However the agent and the landlord will only give 2 months notice after we exchange the contract and pay the deposit, just in case I pull out the deal and they could lose the tenents. However the house is in a very messy condition and I am looking for a surveyor to do an Independent Home Buyer's Survey and it would be easier if there's no tenants living there. The agent and the landlord said in this case the surveyor has to do it with tenants in there. Also they can still earn 2 more months rents after I pay them, Is this how it works when people buy houses with tenants living there? What if the tenents won't leave after 2 months, do I have to get a court order to get them out? Thanks very much for your time in advance.

posted in Buying a flat or house | 1 response

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Responses:

Peter Johnson

Peter Johnson's response

I would not advise you to proceed under these circumstances unless you accept the risk that the tenants may stay on for many months. Even if a correctly prepared two month notice has been served on the tenants under s 21 of the Housing Act (and your lawyer needs to check this out if you are going to be the one having to take further action)the tenants may still refuse to move out at the end of that period. That would mean that you will need to get a court order. That could take 2 months plus even under what is humorously known as the accelerated procedure. And even then you could be waiting another month or two for the court enforcement officers to turn up to throw out the occupiers - any attempt by you to do so would be a criminal offence. Be very careful!