Bailiff's objections - Buying a house.?

Question

Hello,

I am trying to purchase a property and am at the exchange stage.
Unfortunately there is a single mother with small children living in the property. A possession order has been served, which was ignored by the tenant. A bailiff's eviction date has now been set. I am really desperate to find out where I stand on this and whether or not I should cut my losses and move on...

My questions are:

1. Given that the tenant is likely to object to the warrant, how likely is it that a judge will allow her to stay at the property and for how long?

2. Do I have any rights or is there *anything* I can do to resolve this issue?

3. Do I have any rights in retrieving any monies lost from the vendor given the situation?

I would be _hugely_ grateful to anyone who has any experience or legal knowledge that can help me out of this dilema.

Thank you

* Isn't vacant possession implicit in a sale unless specifically and clearly stated otherwise?

JZD: The tenant has been served a possession order and now a bailiff's date has been set.

"The Judge has no discretion in these circumstances to stay the warrant - this is not a mortgage posession case."

** No, I don't think that this is true. A tenant can legally object. My concern is, how long could this go on for? If a judge agreed to let her stay (due to 3 small kids), how the heck do you get her out, if at all?!

JZD: Could you just explain the difference in the mortgager possession and the tenancy possession you mentioned?

JZD: Massive thanks for your time, effort, and professional knowledge. Sorry, I guess I have asked a lot of questions! Thanks also to everyone else who has given their time in supplying answers.

Answer 1

You're in the UK? the answer is as follows to your questions;

I have to make a series of assumptions here:
I'm assuming you knew the property was tenanted when you agreed to buy.
I also assume you and the vendor came to an agreement that the house would be sold with vacant posession?
I also assume the tenant has an assured shorthold tenancy (ASH)?
I assume you have a decent conveyancing solictor? (If not, why not?)

Question 1:
If the bailiffs are going in, the warrant for posession has already been issued and will be executed by the bailiffs.
As a tenant with an ASH, she must leave at the end of the notice period given.
The Judge has no discretion in these circumstances to stay the warrant - this is not a mortgage poession case.

Question 2:
No. (short, simple and accurate)

Question 3
It depends on my assumptions above. If he gives you vacant possession then he is not in breach. If he can't, then he MAY be, depending on your agreement.
Note: You cannot enforce any agreement concerning the sale or disposition or rights in land unless that agreement is in writing.
I assume your conveyancing solictor informed you of this fairly basic rule which has been around since 1925.
So the answer to this question therefore is: - probably to almost certainly not.

Not as positive as you may have hoped for, but at least it's accurate.

Additional answer:
If she is a tenant under an ASH tenancy, then she has no grounds to 'legally object'.
You are confusing rights conferred by a tenancy with rights conferred under possession as a mortgagor.
She has no legal right to remain in the property and it matters not one iota (in the laws eyes) whether she is a destitute single mum or Donald Trump.
Hasn't your solicitor told you all this already?

Additional Details:
You don't want much for 10pts, do you?
As a tenant, your rights to occupy are governed by the terms of the tenancy agreement. Once the landlord has fulfilled his legal obligations under the tenancy agreement to regain posession the tenant has no lawful right to remain, even if she's a very deserving cause. Anyone who tells you otherwise is talking out of their bottoms.

As a mortgagee (freehold owner), your right to remain in occupation is absolute; subject only to the right of the mortgagor to enforce their security, by selling the house if you don't keep up payments.
In THOSE circumstances the court has a wide discretion when and how to order sale,. or to order repayment on a different basis.
Here endeth the lesson.

Answer 2

In actual fact, vacant possession is not assumed. You could buy a property with a sitting tenant as an investment vehicle, as many people do. It MUST be specified in the contract otherwise you may wind up with all the current problems being yours and not the current owners.

Surely your solicitor is advising you on this? Your "rights" are that you do not exchange unless this is properly sorted out!

Answer 3

Gosh! Id ring shelter or nhas. The owner should have given the tenant the proper notice as soon as s/he knew there was a repossession going on.As a tenant, she has rights especially when it comes to eviction. Im assuming shes got a tenancy agreement and its a valid one.
However if the sale goes through, you would be her new landlord and could serve an evicition notice on her - wanting to live in your own property is a valid reason for evicting someone. You would have to serve the correct notice, but it would get the tenant out.

Answer 4

I presume that you are buying the with with vacant possession so you do not sign the contract until they are out. That way it remains the vendors worry. If you do sign with vacant possession it is your worry on two counts, You have to get the others out and you have a claim for breach of contract. Do not sign . Talk to you solicitor in any evenyt he will or should know how you stand legally

Answer 5

complicated. in spite of the undeniable fact that, GOR, first of all enable me applaud your neighbourly project. could that extra individuals took the style of close interest interior the wellbeing of our fellow homeowners. What i think of you're able to desire to do in this occasion is kindle your neighbour's instinctive desire to "shop up with the Joneses"; make your self a sensible bread tournament and parade around the community exhibiting it off; paste a slice of bread over another brick on your place to create a stylish checker board result; leave slices of bread in sparkling sight on the back seat of your automobile. and so on. Your neighbour will quickly be scurrying to the food market, my chum. reliable luck!

Answer 6

Am i the only one who is worried about the fate of a single Mother with SMALL children.Guess you want her out regardless cos a new house is more important.Nice one.

Answer 7

you have a problem there matey