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buying a house with tenants inside

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beverleymot | 10:23 Sun 03rd Jul 2011 | Law
11 Answers
hello my dad went to view a house on Thursday that had tenants inside and this was the start of their 2 months notice. he has bought the house but cant move in until the tenants have served their 2 months notice which will be end of august. he is hoping that most of the paperwork will be done by this time, but he is worried that the tenants may decide at the end of august that they will not leave and they will declare " squatters rights". What can be done if this situation occurs? can they do this even though they are already giving 2 months notice to their landlord? Thanks
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sorry that was meant to say " even though they have already been given 2 months notice by their landlord"
well they could refuse to leave and then they would have to be evicted legally, which can take months. Just don't buy it until there is vacant possession available.
In the worst case, they can "do" anything....your dad will have legal recourse but that might turn out to be slow and expensive, especially if the tenants have no money so they can't be forced to pay for whatever they do....can he get out of the purchase until the house is empty?
I agree with CanisMajor. You can agree with the seller to exchange contracts and complete on the same day which I would do the day after they are supposed to move out. Then if they don't move out, don't exchange and you are not legally tied to buying the property.
tell Dad not to even think about buying until the tenants have moved out. I have been there .NO NO NO until your Father has vacant possession.
your Dad must know its unwise to buy with tenants still in residence ? if he still buys knowing this then he could be in for a whole load of trouble and expense and nothing to show for it at the end.Tell him to look elsewhere.
I agree with most of the answers, don't buy till they have gone.

And another thing, the sooner the Government stop squatters rights, the better!
When you say bought, do you mean put an offer in, exchanged contracts, completed? I note that you mention that paperwork is still to be done so hoping just the former if anything as he should not complete until he has vacant possession as others have said.

He should also make sure he deals with issues like the condition of the property (make sure it has been left decent and no nasty surprises like a boiler or included whitegoods disappearing) and security - if tenants have been in I'd certainly want the locks changed as who knows who could still have keys.
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thanks everyone!! no he hasnt signed yet- and he just read this and he is a bit weary!! he will call his solicitor tomorrow for some advice! thanks!!
When we bought late last year, the sellers were a bit iffy about taking the trouble to move out, and they were renting when they went. Even a week before we were due to exchange, the story was that the daughter had yet to move out.

That all said, it was included in our exchange particulars that there had to be vacant possession, and to fail would incur penalties which were sufficient to scare anyone into complying.
As already said, if the tenants don't go at the end of the 2 months they have to be evicted with a Court order obtained by their landlord - i.e. the present owner. This could take some months. Never ever exchange contracts to buy a house until the tenants have actually gone.

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