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UKSolicitorJA, Solicitor
Category: Property Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I am buying house with tenant in process of being evicted by

Customer Question

I am buying house with tenant in process of being evicted by current owner (they have been advised by council to go through full process up to bailiffs). I will complete after possession order but probably before bailiff date. Will the change in landlord in final stages disrupt the process / render it illegal?
Submitted: 3 years ago.
Category: Property Law
Expert:  UKSolicitorJA replied 3 years ago.

Yes, it would as the current owner will not be the landlord any more if they do not own the property. My advice would be for you to complete after the property has been vacated by the current tenants I.e. After the bailiffs are sent and secure the property in vacant possession.

Can I assist further?
Customer: replied 3 years ago.
My understanding is that I take over the landlords rights. We cannot fix completion date as it is up in the air and I will lose house as the market in london is on the rampage. What if I complete now I could then start the process afresh and get then evicted? They have AST agreement with fixed term completed. Does this mean I have to serve them a section 21 anew?
Expert:  UKSolicitorJA replied 3 years ago.
You could be left with the problem of trying to evict sitting tenants which is much harder to do than evicting regular tenants which is why you should push completion to after the tenants have been evicted.

If this is not possible, I would suggest that you appoint a solicitor to handle the eviction proceedings on your behalf as it is not as simple a matter as serving a notice to quit.

Hope this helps
Customer: replied 3 years ago.
Ok. Just one more question. Why are they sitting tenants? I thought I took over the assured short term tenancy agreement from current owner which makes them regular tenants. Thus I serve notice to quit, then possession order then bailiffs.
Expert:  UKSolicitorJA replied 3 years ago.
I am not saying they are sitting tenants, there is a possibility that they may be depending on when their tenancy commenced.

If AST as you say, yes, then that would be the procedure, but you should double check to be absolutely sure.

All the best