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Buying a house - tenant will not move out, contracts signed, closing date passed

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  • Moderators Posts: 9,368 ✭✭✭The_Morrigan


    OP if you wish to provide an update at some point, drop me a pm. I'm locking this up for now so we don't have multiple update requests from nosey boardsies.


  • Moderators Posts: 9,368 ✭✭✭The_Morrigan


    Update from the OP

    Well... it has been a stressful while but with a great outcome. We got the house! We ended up writing to and speaking with the tenant. We also spoke with the vendor, our lawyer, the estate agent, a letting agent, Threshold, PTRB and the landlords representative body. It turns out that Threshold and other 'advisors' advised the tenant to over-hold as the fact that the property was being sold could have been fabricated. The vendor also put the tenant on a week to week arrangement after the 112 day notice. The tenant had signed that they would leave but didn't. We pieced this together from speaking with the tenant and the vendor.

    So, what happened? The tenant basically wanted money. A lot of money. 5 figures originally. Then the vendor said they would pay but subsequently told told us that the tenant had changed their mind and wanted to go full due process. Lawyers I know said that could take 12 months to get an eviction order. We felt the house was gone so as a last roll of the dice we contacted the tenant by letter and left our mobiles. We got speaking to the tenant... Tenant said that vendor had offered an extremely low amount (vendor told us a different amount, say 'X'). We told the tenant we would match the vendors offer and tenant agreed. We told vendor that tennant wanted 2X or we would seek damages of >2X as 28 day notice if completion was up. Vendor paid off tenant. Tenant left after a few days. Tenant maintained that they needed the money for a rental deposit. Serious deposit! After a last minute hitch with vendors bank we got the house. Oh and tenant left 25 black bags of rubbish, full fridge and freezer, clothes etc in the property. Nice, eh?

    What have we learned here? Nothing new really... it is too easy to become a landlord, some people are very greedy, some people are liars, money talks, buying a house is stressful, conveyancing should be a standardised less opaque process, the purchaser has no advocacy here, my solicitor is very patient, tenants have serious power and due process is way too slow ��

    We got the house so the stress is evaporating now...


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