Buying a property with tenants

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  • Buying a property with tenants

    I'm a student and am looking at housing with a group of friends. One set of parents has kindly agreed to buy a house and rent it to us.

    We've fallen in love with a house in the perfect location for us and its the perfect size. We knew that there were tenants (also students) when we viewed the house and knew that their contract ended in June so we were quite happy to wait until then for completion.

    However, the landlord wants a quick sale and wants to sell us the house with the tenants still living there. What are their rights with regards to the house? How can we make sure that they clean it to our satisfaction as it was a real mess when we viewed but we assumed that the landlord would ensure it was clean before completion? Do we have to draw up a new contract between us and them?

  • #2
    Same rights as they have currently - the contract would be the same, you would just have to serve notice showing change of landlord and new landlords address. Any fixed term would continue on. With regards cleanliness, get the deposit transferred over to you from the current landlord, then you can pay to get it cleaned from that if it is not clean. Ensure you get a copy of the inventory as well!!! If the landlord has no signed inventory, you may be in a tricky situation when it comes to the end of the tenancy.

    Realistically, knowing students the way I do(having been one!), you will probably have to take money out of the deposit to get the house cleaned.

    Oh and what lovely parents!!
    Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

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    • #3
      Thanks for the advice. Have been trawling the internet all afternoon but google only wanted to tell me about buying a council house.

      Here's hoping that we can get our ideal house and not have too much trouble getting these lads to clean but as you say, realistically, they're not going to don the marigolds and start scrubbing in a hurry.

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      • #4
        If they do not have a fully signed inventory, you may need to speak to your solicitors dealing with buying the house, as this may mean you are out of pocket should any damages arise etc.

        Also bear in mind that you will have to serve an eviction notice etc to ensure they go - search for "Section 21" on these forums to find out more. Although, in my experience, students tend to go at the end of the term anyway. Out of interest when does their tenancy run out and when will it be bought?

        I was a male student, living with 4 other male students. Let me assure you, there WILL be work to be done when they leave
        Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

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        • #5
          I believe their tenancy runs out at the end of June. The landlord wants to start complete the sale as soon as possible. I'm guessing this is going to take around 10-12 weeks so they would be in their last month of so of the contract when contracts were exchanged. If so would that mean that the current landlord would have to serve the Section 21 right?

          I'm going to be the only girl with a house of three boys. I imagine there is going to be some cleaning when we leave whatever house we end up occupying too.

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          • #6
            Yes you are right about the S21 - it would be beneficial to get them to serve it.
            Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

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            • #7
              Would it matter at all that the person serving the notice is not the person who is taking possession? Obviously the people doing the actual buying will be seeing their solicitor but I'm a nosey beggar and want to see what's what.

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              • #8
                Erm....thats a good question actually! I do not think so, but wouldnt say 100%!
                Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

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                • #9
                  Antenna,

                  If the person who you're buying the house from issues the sec 21, and it goes to court AFTER you have got the house, it won't be valid, the judge will throw it out...this happened to me, my LL served me with a sec 21, and inbetween the notice being served and it going to court, he sold the house to someone else, and because it wasn't the new LL's name on the sec 21 the judge threw it out of court and they were told to issue a new sec 21 with the NEW LL's name on it.

                  I only found that out myself, cos i didn't trust the company and me and my solicitor did a bit of digging.

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                  • #10
                    Originally posted by antenna View Post

                    I'm going to be the only girl with a house of three boys. I imagine there is going to be some cleaning when we leave whatever house we end up occupying too.

                    Lucky old you (read that how you will)

                    Just a thought re term time-tables but I guess you and your friends will be wanting to occupy the property by September? If you end up having to be the one to serve the s21 on the current tenants because they don't leave you could end up in bit of a pickle. A s21 has to give a minimum 2mths notice to expire at the end of a tenancy period and so depending on when you are able to issue the notice it could end up being nearer to three mths notice. It could therefore be almost September by the time the notice expires. If the tenants then chose not to vacate most members on here will confirm that it could be Christmas (or even into the New Year) before you regain possession!

                    If I was purchasing this property with a view to living in it myself come September I would be tempted to insist on vacant possession and complete the purchase at the end of June when you know for sure that the tenants have gone. That way if they don't go it will be the current landlord who gets the headache of claiming possession through the courts! He will be in a position to be able to serve the s21 in plenty of time before June and would at least stand a chance of regaining possession by September (whereas you would stand NO CHANCE).

                    Also, if the current landlord was in breach of completing by a set date then the parents purchasing the property can claim compensation for each day that passes without completion taking place (such extra funds might come in useful for the BIG CLEAN UP)!!!

                    That's just my thoughts on the subject....

                    Kind Regards

                    J

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                    • #11
                      Originally posted by Joannepowell View Post
                      Lucky old you (read that how you will)
                      Lowering the tone Joanne I was going to say that but didn't lol!
                      Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

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                      • #12
                        But I meant about the cleaning MrShed.....

                        Believe that & you'll believe anything..... LOL

                        J

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