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House Seller lied about tenant

Started by Barnesus, June 02, 2023, 08:22:55 AM

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Barnesus

Hello,

I purchased a flat 7 months ago with an agreed tenant in situ. Naturally the question was asked to the seller, regarding the tenant being good, paying on time etc.  they answered yes. Since I become the landlord, the tenant constantly pays late, now deciding not to pay the rent.  How do I Pursue this as I believe they lied when selling?  TIA

jpkeates

You'd need to more than "believe" it, you'd need evidence to support that belief.
If you take the seller to court to claim compensation, you'll have to show that they lied and that you took reasonable precautions to check what you were told (which isn't a very high bar, you weren't meant to forensically examine bank accounts).

Barnesus

As luck would have it, Prior to my purchase, i found out that the tenant used to pay through a local managed agent.  I contacted them, and they have emailed me to say that the tenant was always late paying the rent!  Cant get any clearer than that.    I am going to take the seller to court i think.  Any other advice anyone could offer?

heavykarma

How late is the rent each month? It is very annoying,but if it is just a few days I would not be too bothered if they are in other respects good tenants.When did they stop paying all together,any excuse given?
I think your chances of winning a case against the seller are very slim indeed.If this is the first time they have had substantial arrears it would be impossible to blame the seller for misleading you.You could have carried out your own checks,and asked for proof of regular payments."Let the buyer beware" still applies in many cases.

Simon Pambin

I'm a little surprised the agent was that forthcoming to a third party, without the authority of their erstwhile client. Maybe they didn't part on the best of terms.

What specific, written representations have you got from the vendor? "Good tenant" is obviously subjective, and even paying on time could be a bit woolly. If the tenant was only a few days late with the rent and it was the agent doing the chasing, the landlord might not have been aware of a problem.