Buying a house with a sitting tenant
Discussion
I suspect the advice here is going to be Don't however my Mum has rather fallen for a house that is on the market local to us, probably for about £20k under market that is advertised as "currently let"
There is no mention made of vacant possession upon completion, which I assume is what most people would want.
For us though, that doesn't matter so much. This would be a cash purchase and Mum is already living with me, so an extra few months wouldn't be an issue.... assuming that we have a legal way of getting the tenant out?
Is there anything else to watch for on a purchase like this / anything else I should be asking the agent when we talk on Monday?
There is no mention made of vacant possession upon completion, which I assume is what most people would want.
For us though, that doesn't matter so much. This would be a cash purchase and Mum is already living with me, so an extra few months wouldn't be an issue.... assuming that we have a legal way of getting the tenant out?
Is there anything else to watch for on a purchase like this / anything else I should be asking the agent when we talk on Monday?
So long as you go in with eyes open.
You will become the landlord, so will have to make sure all the paperwork is up to date and correct.
I would say that if the tenants were going to leave easily the current owner would evict and sell with vacant possession.
Eviction is a long process if you have to go through the courts it is likely 18+ months. If it ends up here be prepared for the courts to make some very odd decisions.
You will become the landlord, so will have to make sure all the paperwork is up to date and correct.
I would say that if the tenants were going to leave easily the current owner would evict and sell with vacant possession.
Eviction is a long process if you have to go through the courts it is likely 18+ months. If it ends up here be prepared for the courts to make some very odd decisions.
nikaiyo2 said:
So long as you go in with eyes open.
You will become the landlord, so will have to make sure all the paperwork is up to date and correct.
I would say that if the tenants were going to leave easily the current owner would evict and sell with vacant possession.
Eviction is a long process if you have to go through the courts it is likely 18+ months. If it ends up here be prepared for the courts to make some very odd decisions.
This was my fear as well, whilst a few months extra would be OK, a long court battle for eviction with no guarantee of success would definitely count us out of a possible purchase.You will become the landlord, so will have to make sure all the paperwork is up to date and correct.
I would say that if the tenants were going to leave easily the current owner would evict and sell with vacant possession.
Eviction is a long process if you have to go through the courts it is likely 18+ months. If it ends up here be prepared for the courts to make some very odd decisions.
KAgantua said:
Sitting tenant or tenant in situ?
The estate agent's blurb doesn't specify - just says that the house is suitable for investors or normal buyers and is currently let at £800 a month but could achieve £1k a month.Their office was closed today so I couldn't find out anything more - the tenant situation is the first thing I'll ask, not least because the sale images are prior to tenancy rather than current, which hints (to me at least) that there are issues!
K50 DEL said:
The estate agent's blurb doesn't specify - just says that the house is suitable for investors or normal buyers and is currently let at £800 a month but could achieve £1k a month.
Their office was closed today so I couldn't find out anything more - the tenant situation is the first thing I'll ask, not least because the sale images are prior to tenancy rather than current, which hints (to me at least) that there are issues!
So your mum wants to buy it to live in?Their office was closed today so I couldn't find out anything more - the tenant situation is the first thing I'll ask, not least because the sale images are prior to tenancy rather than current, which hints (to me at least) that there are issues!
Has she spoken to the tenant, to see what their intentions are? I would. The tenant may be happy to go, they may not.
Be aware that the Renters Rights Act is in the offing. I am not sure where it us up to currently, but I believe that the intention is to end Section 21, which is a no-fault eviction. The tenant is likely to be on an Assured Surehold Tenancy, so your Mum might be unable to get rid of them and end up with an unwanted BTL property unless the tenant does something wrong.
Furbo said:
K50 DEL said:
The estate agent's blurb doesn't specify - just says that the house is suitable for investors or normal buyers and is currently let at £800 a month but could achieve £1k a month.
Their office was closed today so I couldn't find out anything more - the tenant situation is the first thing I'll ask, not least because the sale images are prior to tenancy rather than current, which hints (to me at least) that there are issues!
So your mum wants to buy it to live in?Their office was closed today so I couldn't find out anything more - the tenant situation is the first thing I'll ask, not least because the sale images are prior to tenancy rather than current, which hints (to me at least) that there are issues!
Has she spoken to the tenant, to see what their intentions are? I would. The tenant may be happy to go, they may not.
Be aware that the Renters Rights Act is in the offing. I am not sure where it us up to currently, but I believe that the intention is to end Section 21, which is a no-fault eviction. The tenant is likely to be on an Assured Surehold Tenancy, so your Mum might be unable to get rid of them and end up with an unwanted BTL property unless the tenant does something wrong.
I did wonder whether S21 might have something to do with the reason for sale, also whether a cash incentive might get the tenant moving!
I guess until I speak to the agent on Monday there's not much point in speculating further, the initial reason for this post was in case there were any specific questions I should be asking when I do.
Furbo said:
So your mum wants to buy it to live in?
Has she spoken to the tenant, to see what their intentions are? I would. The tenant may be happy to go, they may not.
Be aware that the Renters Rights Act is in the offing. I am not sure where it us up to currently, but I believe that the intention is to end Section 21, which is a no-fault eviction. The tenant is likely to be on an Assured Surehold Tenancy, so your Mum might be unable to get rid of them and end up with an unwanted BTL property unless the tenant does something wrong.
One of the remaining valid reasons to issue a S21 under the proposed legislation is if the landlord wants to live in the property themselves, so this won’t affect the OP.Has she spoken to the tenant, to see what their intentions are? I would. The tenant may be happy to go, they may not.
Be aware that the Renters Rights Act is in the offing. I am not sure where it us up to currently, but I believe that the intention is to end Section 21, which is a no-fault eviction. The tenant is likely to be on an Assured Surehold Tenancy, so your Mum might be unable to get rid of them and end up with an unwanted BTL property unless the tenant does something wrong.
However, the current owner could probably get a better sale price if they could offer traditional vacant possession (unless it was an obvious BtL target), so in this case I’d be asking why they aren’t going that route…
Edited by PhilboSE on Saturday 6th September 21:24
PhilboSE said:
Furbo said:
So your mum wants to buy it to live in?
Has she spoken to the tenant, to see what their intentions are? I would. The tenant may be happy to go, they may not.
Be aware that the Renters Rights Act is in the offing. I am not sure where it us up to currently, but I believe that the intention is to end Section 21, which is a no-fault eviction. The tenant is likely to be on an Assured Surehold Tenancy, so your Mum might be unable to get rid of them and end up with an unwanted BTL property unless the tenant does something wrong.
One of the remaining valid reasons to issue a S21 under the proposed legislation is if the landlord wants to live in the property themselves, so this won’t affect the OP.Has she spoken to the tenant, to see what their intentions are? I would. The tenant may be happy to go, they may not.
Be aware that the Renters Rights Act is in the offing. I am not sure where it us up to currently, but I believe that the intention is to end Section 21, which is a no-fault eviction. The tenant is likely to be on an Assured Surehold Tenancy, so your Mum might be unable to get rid of them and end up with an unwanted BTL property unless the tenant does something wrong.
Edited by PhilboSE on Saturday 6th September 21:24
K50 DEL said:
I guess until I speak to the agent on Monday there's not much point in speculating further, the initial reason for this post was in case there were any specific questions I should be asking when I do.
Worth remembering the agents job is to sell the house for the vendor, any answers they give you are likely to be skewed towards moving the sale forwards…Miocene said:
Edit: although entirely fascinating, on re-reading my reply was completely irrelevant.
I do this all the time.
I've recently helped a friend through the legals involved in evicting tenants. It wasn't easy - particularly as local councils advise tenants to 'stay put' and to ignore court orders and only move out when bailiffs arrive.
Peterpetrole said:
Has she viewed it?
Not yet, she only found it on Friday after the agent had closed, she drove round to have a look at the outside yesterday and I'm expecting a call back from the agent today to (hopefully) arrange the viewing.surveyor said:
I do wonder how a typical PH'er ever buys a house..
If you need certainty and your mum is happy where you are, just make completion subject to Vacant Possession.
This was my thought, though I wasn't sure if it could be stated as boldly as that - good news if so.If you need certainty and your mum is happy where you are, just make completion subject to Vacant Possession.
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