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10-08-2018, 10:57   #1
mal808
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In talks with local council about buying my house, their tenants time is up, but the

So, this is a mess. We have council tenants that have been living in our property for 7 years now. We emigrated rather than go bankrupt during that whole property mess  and rented our property to the local council under RAS.  
A year ago we decided it was time to sell, we gave the tenants more than their required notice (nearly 8 months), and the council theirs (3 months). The council accused us of trying to backdate the notice, even though we have registered letters proving the tenants had adequate notice. We issued the notice again, and the council accepted. This month I got back in touch with the council to make sure everything was on track. They informed me that they don't have a new property for the tenants and want to discuss buying the property.  The tenants are due to be evicted at the end of this month. I don't see us having this sale agreed before then.  
What happens if they don't move the tenants and the sale hasn't been agreed? What recourse do I have to raise the rent a significant amount to force them to take it seriously?   
I do not want this contract to roll over. I need the tenants gone or the house sold to the council (it's been bleeding us dry all these years, we're not even going to break even with the sale).  What can I do to force the council to act quickly, by either moving the tenants or buying the house?   
And what do I need to think about to go about protecting myself? What are the implications if the tenants are still there on the first of September and I have no agreement with the council?
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10-08-2018, 10:58   #2
Mr. Incognito
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1. Contact a solicitor.


2. Reread 1.
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10-08-2018, 11:08   #3
mickuhaha
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Originally Posted by mal808 View Post
So, this is a mess. We have council tenants that have been living in our property for 7 years now. We emigrated rather than go bankrupt during that whole property mess  and rented our property to the local council under RAS.  
A year ago we decided it was time to sell, we gave the tenants more than their required notice (nearly 8 months), and the council theirs (3 months). The council accused us of trying to backdate the notice, even though we have registered letters proving the tenants had adequate notice. We issued the notice again, and the council accepted. This month I got back in touch with the council to make sure everything was on track. They informed me that they don't have a new property for the tenants and want to discuss buying the property.  The tenants are due to be evicted at the end of this month. I don't see us having this sale agreed before then.  
What happens if they don't move the tenants and the sale hasn't been agreed? What recourse do I have to raise the rent a significant amount to force them to take it seriously?   
I do not want this contract to roll over. I need the tenants gone or the house sold to the council (it's been bleeding us dry all these years, we're not even going to break even with the sale).  What can I do to force the council to act quickly, by either moving the tenants or buying the house?   
And what do I need to think about to go about protecting myself? What are the implications if the tenants are still there on the first of September and I have no agreement with the council?
Go to a solicitor fast. Check the agreement you signed with the council. It is going to be difficult to get Tennants out if they don't want to go. You need to find out who is responsible for eviction you or the council and who is responsible if they don't go. Who will pay if they don't or get an eviction via the courts .if you decide to start charging the Tennants yourself you are entering into a new Tennant agreement so probably can charge what you like. Again if you do this you are giving them rights to stay. You also need to find out what condition the council will give you the property back in.
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10-08-2018, 14:18   #4
nuac
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As already advised you need to get legal advice.
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