Buying house with tenants in situ

cr-07

Hi all,

Looking to get opinions on this. So I’m currently in the midst of buying my Aunts house, with my wife. We are currently living in my families house. We are getting a mortgage to purchase the house, and have just received the loan offer from the bank (given to my solicitor).

There is currently tenants living in the house, who have been given their notice already, but due to the length of time they have lived in the house (7 years) they have up until July to leave. They are not troublesome tenants, and there is no doubt in my mind that they will leave on time.

I have mentioned this to the bank & my solicitor, and my solicitor is now asking have they vacated yet, as the loan offer has been received.

Should I tell him that they have left, as to get the purchase of the house completed? I understand that this is lying to him, and that there would be implications and issues if they don’t leave when the notice is up, but we really want to wrap up the purchase.

Is there any way they do spot checks or anything of that sort to prove the property is vacant?

Any advice would be appreciated.

Caranica

Vacant possession of the property is a requirement of a residential mortgage. You can't draw down if there are tenants in situ, the solicitor will look for proof.

cr-07

Caranica wrote: »

Vacant possession of the property is a requirement of a residential mortgage. You can't draw down if there are tenants in situ, the solicitor will look for proof.

Thanks for your reply. Yes, I have read that a number of times on Boards that vacant possession is a must, but I was wondering if there is any way around it.

What sort of proof would the solicitor need? How do you prove something that is supposedly not there?

L1011

Asking for advice on how to commit fraud is not allowed.