Tenanted property bought at auction, tenant not communicating

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    Tenanted property bought at auction, tenant not communicating

    I have purchased a property at auction recently, the rent was over the market, however when i asked the otherside solicitor for the tenancy details they have informed me that they didnt have the details as it is a repossesed property, after completion I posted a letter to the house giving the new landlord details and contact details, no one has contacted me Ive also tried to knock on the door at different times without any sucess and I do not have the tenant details, and cannot enter to the house, even though i do have the keys as it would be illegal, I decided to send a notice 21 to them, can any one advise me what to do please? help!

    #2
    Hello Hammatime,
    I don't know if you have read my post about new landlord that doesn't get in touch with me, we are in the same situation just opposite sides. I am not able to help you but just wanted to say that I understand your frustration.
    May I just ask you how long did it take for you to complete all the paperwork after the auction? Still waiting for landlord's details after a month from the sale, just wanted to know if it is normal.
    Sorry not being able to help you though.

    Comment


      #3
      Originally posted by hammatime View Post
      I have purchased a property at auction recently, the rent was over the market, however when I asked the other side solicitor for the tenancy details they have informed me that they didn't have the details as it is a repossessed property, after completion I posted a letter to the house giving the new landlord details and contact details, no one has contacted me Ive also tried to knock on the door at different times without any success and I do not have the tenant details, and cannot enter to the house, even though I do have the keys as it would be illegal, I decided to send a notice 21 to them, can any one advise me what to do please? help!

      They could be on Holiday or something else !

      So you purchased a repossessed property without finding out the date the tenants 1st moved in ?
      Fed up with nitpickers and rivet counters...

      Comment


        #4
        So how do you know that the rent is over the market(value)?

        Please don't say the seller told you so.
        Allow tenants to protect their own deposits. I want free money when they do it wrong

        Comment


          #5
          Have you served the section 21 notice yet, or are you asking how to do so?

          Comment


            #6
            Originally posted by kaiser9 View Post
            Hello Hammatime,
            I don't know if you have read my post about new landlord that doesn't get in touch with me, we are in the same situation just opposite sides. I am not able to help you but just wanted to say that I understand your frustration.
            May I just ask you how long did it take for you to complete all the paperwork after the auction? Still waiting for landlord's details after a month from the sale, just wanted to know if it is normal.
            Sorry not being able to help you though.
            it took me about four weeks to complete, may be you are my tenant who knows

            Comment


              #7
              Originally posted by 45002 View Post
              They could be on Holiday or something else !

              So you purchased a repossessed property without finding out the date the tenants 1st moved in ?

              in the auction catalogue it says tenant moved in from january on AST

              Comment


                #8
                Originally posted by thesaint View Post
                So how do you know that the rent is over the market(value)?

                Please don't say the seller told you so.
                i checked on right move and also on LHA rates

                Comment


                  #9
                  Originally posted by hammatime View Post
                  i checked on right move and also on LHA rates
                  I think you've missed my point.
                  Have you seen the tenancy agreement that states the rent payable, and is the rent being paid?
                  Allow tenants to protect their own deposits. I want free money when they do it wrong

                  Comment


                    #10
                    OP, I think you may be in deep trouble here.

                    Unless you have access to the tenancy agreement, you do not know what terms the tenant is living there under. As a new owner, you become the LL and inherit all the terms and conditions of that tenancy, and cannot make the tenant sign a new agreement with you. If tenant signed a new agreement in January (again you actually have no proof of this), you do not know how long the term of this agreement is, so even if you issue notice, you cannot enforce that notice until the fixed term ends - 12 month tenancy, could be next January before you can act to evict them.

                    Did you not view the property internally before the purchase?

                    As for the amount of rent, Rightmove is not a reliable source for this info! You should have asked for written proof from the vendor of the amount of rent he has received, and how reliable the tenants are at paying him!

                    Comment


                      #11
                      Originally posted by LesleyAnne View Post
                      OP, I think you may be in deep trouble here.

                      Unless you have access to the tenancy agreement, you do not know what terms the tenant is living there under. As a new owner, you become the LL and inherit all the terms and conditions of that tenancy, and cannot make the tenant sign a new agreement with you. If tenant signed a new agreement in January (again you actually have no proof of this), you do not know how long the term of this agreement is, so even if you issue notice, you cannot enforce that notice until the fixed term ends - 12 month tenancy, could be next January before you can act to evict them.

                      Did you not view the property internally before the purchase?

                      As for the amount of rent, Rightmove is not a reliable source for this info! You should have asked for written proof from the vendor of the amount of rent he has received, and how reliable the tenants are at paying him!

                      there was a viewing day but couldnt make it, so i did not view it,
                      if theu have 12 months contract does it mean they can live without paying rent until 12 months, because the tenant is not contacting me after several attempts tried to contact them with no success,

                      so what can i do? can i send a letter to inform them that I want to inspect my property and that i will open the door if no one is opening? is this allowed

                      Comment


                        #12
                        Originally posted by thesaint View Post
                        I think you've missed my point.
                        Have you seen the tenancy agreement that states the rent payable, and is the rent being paid?
                        i did not see the tenancy agreements, I did contact the solicitor acting for the receiver and told me that according to the auction catalogue there is a tenant from january and that they have no further details and not even the tenants details, how can this be possible was wondering how did they manage to arrange for the viewings prior to auction

                        Comment


                          #13
                          hammatime, you knowingly bought a property with unseen resident T and no sight of Lease & seem to have no knowledge of rights of T. & LL resps.
                          Did you write to him,stating you were his new LL, with an address for serving legal Notices and your bank details for payment of rent? If the propery is within 4 hrs travel, visit, knock, but do not enter uninvited, talk to neighbours, wait for T to return, then introduce yourself, give and obtain info. Whilst in town, do some checks at Council Offices, C Tax, electoral roll etc and introduce yourself to private res lettings officer.
                          No, T cannot withold rent for 12 months once he receives required notification of new LL and new account details for payment of rent.
                          Even if this is your first rental property, you are running a business, lack of knowledge can be very expensive for any LL.
                          To misquote someone, "How do you make a small profit from renting - start with a larger income."

                          Comment


                            #14
                            I frequently go to property auctions and browse the online catalogues.

                            The phrase 'buyer beware' is more relevant at auctions than in the generalestate agent sales market.

                            Never trust anything said by the auction house unless you have verified it yourself and the same goes for the legal pack. (I notice that one house I follow is making the legal packs available for free now whereas there was a charge of £35 for what are often inaccurate/incorrect details.)

                            Hammatime - you should have asked to see the AST or at least a signed copy. No doubt the vendor and his solicitor are laughing all the way to the bank. Often these auction properties have tenants with no agreements or what they like to call 'a tenancy at will' or even be subject to a protected tenancy. These would depress the market value of the property somewhat.



                            Freedom at the point of zero............

                            Comment


                              #15
                              Originally posted by hammatime View Post
                              i did not see the tenancy agreements, I did contact the solicitor acting for the receiver and told me that according to the auction catalogue there is a tenant from january and that they have no further details and not even the tenants details
                              I think that would have been the point when most people would have turned away and headed for the hills - unless you paid an outrageously low price for the place, which would cover you against the worst-case scenario arising from a tenant being in place. Did you not have a solicitor of your own involved at any stage?

                              was wondering how did they manage to arrange for the viewings prior to auction
                              Every reason to suppose that they never did manage it... after all, you bought it unseen, didn't you?

                              Comment

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