house purchase- tenants

[tali122]

i have had the surveyors valuation done on a house i wish to purchase but have put the conveyancing searches on hold , the reason is the vendor has tenants renting it at the moment (he has told me verbally he will give them 4 wks notice)- so before i get anything more done do i need to get off the vendor in writing that the tenants will vacate the property before house title passes to me?.Someone has told me that if this is not clarified the tenants could stay in the house even whan title passes to me

[Ethel]

Be very wary and get proper advice from your solicitor.

Tenants have many rights and you need to be very sure that you will be buying the property 'vacant on completion'.

This is not something you can cross your fingers and hope for the best about.

[Toureman]

Good advice as usual from Ethel, do not sign anything until your solicitor has OK'd it.

[Buenchico]

If the vendor lives in the same property as the tenants (e.g. in a separate flat) then it's likely that the tenants will be 'occupiers with basic protection'. In this case, if they pay their rent weekly, he can give them 4 weeks notice to quit. (It's much the same if they pay monthly. The notice period is then one calendar month).

If the landlord does not live in the property, it's likely that the tenants will be 'assured shorthold tenants', probably with a 'periodic tenancy'. In which case, unless they breach their tenancy agreement, the landlord must give them two month's notice to quit.

If no such notices are served, and title to the property is transferred to you, then you will become the landlord and have to serve similar notices yourself.

The previous paragraphs seek to simplify some rather complicated laws. The primary reference source (written from the tenant's perspective) is here:
http://england.shelter.org.uk/advice/advice-41 42.cfm

Chris

[tali122]

thanks to all for advice , the landlord/vendor does not live at the property, luckily i haven't signed any paperwork, and wont sign until i recieve a witnessed notice of quit letter for the tenants

[Buenchico]

Be careful! Just because you know that notice to quit has been served on the tenants, it doesn't mean that they'll actually leave! If they decide to 'sit tight', it'll take a court order to get them out. If the title is transferred to you before they move, it'll be left to you to start court proceedings.

Ideally, don't sign anything until you've actually seen that all of the rooms are empty. If there's some pressing reason why the paperwork should be signed earlier, get your solicitor to insist that the vendor signs a document stating that the property will be transferred to you with vacant possession and, further, that he indemnfies you against any costs incurred by reason of seeking to evict any sitting tenant, with or without a valid lease, from the property.

Chris