UK Landlord Forum / Life

Hello, I am in the process of buying a house and the tenants are being difficult and won't allow us access to all the rooms. The Tenancy agreement for the tenants doesn't end until next month. The landlord wants to sell and we want to buy but what is the legal process that needs to be followed as I can't see these tenants assisting in anyway. Any help would be appreciated? 

Just try to think of it this way...

It's their home - you have absolutely no right whatsoever (as merely an interested party in buying, who knows if you'll complete?) to rummage around. Until the tenancy is ended there is nothing you can do to expedite this if they do not change their mind. You have no control over this... and rightfully so. There is no legal process you can follow to insist you can enter someone's home to 'have a look around' - the concept is ludicrous, right? On the plus side, the current owner / Landlord is the one with the problem, not you. Put the ball back into their court and sit easy.

You say the tenancy agreement ends next month - I would say you hope the tenancy ends then. It may not, of course. If they are being difficult then you assume they've got some kind of desire to stay, maybe, and it could be well into 2018 before you get vacant possession. Ensure you do not complete with the Tenants are in place. Again, it is the current owner / Landlord who has this problem, not you.

In fact, truth be told, you have no part to play in this. You're more like an observer.

Hello, Thankyou for the update. If the Tenancy ends at the end of next month what is the process from a legal process to get a vacant property. Can it be a long drawn out process?

I find this quite interesting. Can you serve a section 21 immediately with 2 months notice even though their fixed tenancy agreement ends in a months time. Would you wait to see if tenants go at end of fixed tenancy or would you serve them with a section 21 straight away so it doesn't delay things further?

Firstly, I need to ask what you intend to do with the property once bought - it sounds like you want vacant possession and that's been my assumption, is that correct?

If so, I would stress again, you're just an interested third-party - as a potential buyer you have no formal part to play in this dynamic - the only relationship that exists is that between the current owner / Landlord and the Tenants.

If that situation is as I assume, then what you do not want to be happening is for you to purchase the property with the Tenants in situ - you will step into the shoes of the Landlord and take on all their obligations - surely your Conveyancer is advising you of these things? You just put the problem in the current owner's / Landlord's hands and insist completion will not take place until vacant possession is assured.

These Tenants may have had numerous different people traipsing through their home over the last few months, we can't tell, and may have got rightfully exasperated to the point where they've banned others from doing so. All very understandable if the case.

It's quite unclear what your objective is here - maybe you can take a moment to just elaborate a little bit? The takeaway is that you have no rights or part to play in what the current situation is.

Me, for example, I am one day going to be the Prime Minister... but I have found, much to my chagrin, that MI5 will not take direction from me... it's what I am today that counts, apparently... not what I will be in the future.

Quote from: HURDLING on November 18, 2017, 10:42:52 PM
Hello, Thankyou for the update. If the Tenancy ends at the end of next month what is the process from a legal process to get a vacant property. Can it be a long drawn out process?

Absolutely it can be a long drawn-out process... but it wouldn't be you driving it, surely?

P.S. - I've bought a property that, when I viewed, had Tenants in it quite recently (Sep)... I insisted, as is very normal, that I got vacant possession. Thankfully there were no issues - just like might happen with you. I didn't need to do anything but insist on that condition - that's all the part I had to play. I didn't get involved beyond stating my requirement.

Hippogriff Thankyou for your advice, no other viewings have taken place at the property it seems the tenants are just being difficult. I will insist on the vacant possession on completion. Can you answer this question, can the owner serve a 21 notice this week even though the fixed tenancy is up in a months time giving them the require 2 months notice or does she have to wait until the end of the fixed tenancy to serve it? For information they are into their second six months contract which will end shortly. I am aware I'm an observer but interested in the process.

How do you know no other viewings have taken place? Are you a friend of the seller?

The current owner / Landlord should have already explained to the Tenants that the contract will not be renewed and that - for the majority of cases - is enough for them to be out of there at that time. I would be asking for confirmation from the seller that they have received this. If so, then there's probably little to worry about. In that case there'd obviously be no need at all for a Section 21. Can it be served prior to the end of the fixed term tenancy? I suppose it might be possible - but it would be very strange as it would give a different deadline to that already established (one further out)... so it seems kinda counter-productive unless you are assured things aren't going to go down as hoped.

I would be taking it this way... insist on vacant possession (as it totally standard practice anyway). Hope they depart at the end of the tenancy. Hope you don't have to do anything. Forget about getting in there in the meantime.

Just because the Tenants don't want people mooching around their home doesn't necessarily fit with them being obstructive or difficult, of course. Some people don't mind. Some people are very private. While they are renting it's their property to do with as they wish. It does feel like there's some kind of cloud here, though, and I don't have enough info. to comment much further.

Irrespective of anything... if you want vacant possession ('cos you're gonna live in it or summat) then you simply do not Complete without that. You don't agree to Compete regardless. You will become a Landlord out of the blue.

Who would want that?

All the onus is on the Seller.