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

cpoh1 wrote: »

Why not call into the existing tennants? It might be worth a shot trying to appeal to their human nature if they see the person they are impacting on face to face.

If the current tenants are not willing to play ball with the current lanldord, they're hardly going to change their attuitude for the OP.

Kelly06 wrote: »

Surely this is not the case ! Would the tenant not bring an action for illegal eviction against their landlord (vendor) through the prtb in this event? They would be compensated but they would not be given back their tenancy.

OK, so it's maybe a little inflammatory, but maybe not. Where someone is illegally evicted by their landlord, they can apply for an injunction to force access back into the property.

This is obviously complicated by the fact that the new occupier has no contract with the tenant. For example, if the landlord had evicted them illegally and moved in new tenants, who vacates?

I suspect in most cases the court would direct that the tenant applies for compensation rather than allow them back into someone else's property. However if the judge believed that the buyer was somehow complicit or negligent about the situation (i.e. knowing it was an illegal eviction and turning a blind eye), I wouldn't be surprised if the judge directed the tenant to be allowed back into the property.

I could be talking complete crap though.

BoatMad wrote: »

is worth a try, the alternative is a long processes of looking for a house, possibly experiencing a further property price rise, and then the possibly useless attempt to recover costs from the seller.

I kind of agree. There's not really anything to lose for the OP.

Obviously you need to be wary about what information you reveal. But say directly to the tenant that you're the potential purchaser of this house, and you understand it's being held up by their refusal to leave. Let them know in no uncertain terms that you are going to withdraw from the sale, so if they were hoping to get someone to pay them to leave, they're mistaken.
And leave it at that. Don't get into a debate, don't get discussing where they could move to, just walk away. If the tenant is hoping to get a payout, but realises that you're about to pull out of the sale, they may just cut their losses.
You kind of have to do it face to face. Any other method could be construed as the landlord trying to harrass them out.

Gatling wrote: »

They had enough notice and there is plenty of help out there now to help people and families who are essentially homeless .

This isn't about tenants rights at all its that argument that's allowing people to essentially squat making a hard working family homeless themselfs

since we don't have the tenant here to relate why they are not moving, we have to give them the benefit of the doubt,

You are voluntary moving from a rented house , they are not. its particularly rich to suggest they are made homeless just to facilitate your purchase.

BoatMad wrote: »

since we don't have the tenant here to relate why they are not moving, we have to give them the benefit of the doubt,

You are voluntary moving from a rented house , they are not. its particularly rich to suggest they are made homeless just to facilitate your purchase.

No one is suggesting that they be made homeless. They can seek alternative accomdation.

Tenants have many rights in Ireland and rightly so, however one of the biggest downside of being a tenant is that a landlord can terminate your lease (obviously the relevant lenght of notice must be given) if he/she/they wish to sell the property.
It may be the case that the tenants are overholding, it may be the case that the landlord didn't give the correct notice or it may be some other dispute.
To my mind, it all sounds like a lot of hassel and something I wouldn't want to invlove myself in. For all we know the tenants may ask the OP for money in order for them to leave.
OP, imo the best thing you can do is give notice to withdraw your offer in x days/weeks. The vendor obviously advertised the property as vacant possession so right now he/she is in no position of strength.

drumswan wrote: »

A landlord cannot terminate a fixed term lease if he wants to sell the property. This seems to come up almost weekly on here and seems to be a surprise to people every time.

I'm aware of that, however I did not think it was a fixed term lease that was in place in this situation, I must have missed that detail

drumswan wrote: »

A landlord cannot terminate a fixed term lease if he wants to sell the property. This seems to come up almost weekly on here and seems to be a surprise to people every time.

drumswan wrote: »

Well we dont know, it hasnt been made clear. The OP doesnt know either I assume.

Contracts should never have been signed while there was still a sitting tenant. I would imagine OP has grounds to sue the vendor here. Which doesnt really help him get the house he wants.

I would also suggest that if the OP's solicitor was aware of the fact that there was a tenant in place, they maybe should have looked for copies of the lease etc to ensure the selling of vacant possession was accurate.

Lesson learned Id say, take it off like a coat and walk away.

These are the things to be sorted out in the middle stage of negotiations, i.e. unless vacant possession is certified at that stage, it should go no further.

Its a good thing generally speaking that tenants rights are getting stronger, as we move into a new era of long term renting like our continental cousins. The fine line is determining the difference between exerting ones legitimate rights and taking the p1ss.

Not to worry OP, get an extension on the mortgage approval now, then be in pole position when the higher ratios come in for the people yet to apply

antoinolachtnai wrote: »

If you walk away at this stage, you are going to face legal bills. You really need to take your solicitor's advice.

If this happened to me, I would expect to be compensated for the problems that have arisen.

This is all assuming contracts are signed.

I think what is going to have to happen here is that the seller is going to have to pay the tenant to move out, or you are going to have to pay them to move out and the seller is going to have to reduce the price correspondingly.

I'm sure you've been at this for months now, and I would not want to let it go if contracts are signed.

I would agree, given where you are at , surely a sit down with the seller and all solicitors is worthwhile.

If its a try on by the tenant, then likely a few quid will sort it. its likely too be far less then the costs of disputing the sale contract.

At all costs avoid litigation, claiming the contract has been broken and demanding the return of your deposit may not be as simple as you think. Get good legal advice.

At best you might recover your deposit, recovering further costs will no doubt require you to sue. ( and take years to resolve ).

Personally I'd arrange a round table with the seller, ( or at least get the solicitors to do it) this stuff is usually settled by such methods.

BoatMad wrote: »

One presumes they are disputing something, if so then due process has to be followed.

no more then someone standing in your front lawn, doesn't give you the right to forcefully eject them.

And if their taking the proverbial then what more due course .

TOMP wrote: »

Desperate times call for desperate measures. Move in with them.

What's the legality on that- ?
Is it about the same as remnant refusing to leave, (When given correct notice ect) ?

endacl wrote: »

Interesting. Please do this OP. Just to see what happens!

other then being funny he can't, he can't even complete the sale, and even if he did, they retain their rights to due process.

Unless it can be resolved by talking, it will not be resolved quickly and the OP will have to walk away.