Occupation date on registration

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Mvu

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Good morning all

Someone asked me this and I thought I would ask mybb due to the wealth of knowledge I have seen here....

My friend bought a house and told the agent that they want to move in on registration. They also needed to give 2 months notice at the flat they currently occupying. So transferring attorney was informed, agents were informed therefore current owner, who is now the previous owner, was aware.
So the way I understand lease agreements is that they expire on the last day of the month. So my friend has vacate and clean the flat by the end of the month. But now the previous owner is refusing to give access to the house. He is saying that he has a tenant staying there and the house will only be available on the 1 St of September after 3 pm. I think he is being unfair.
So now I wanted to ask you guys for advice. Who has more rights? The current owner, my friend, or the previous owner? I told my friend that it's his house now and he can throw the tenant out. And I also found out that the tenant is actually a family member... So I am sure there was no lease signed there.
Thanks in advance for your advice.
 
Does it state occupation on registration on the otp? Was it disclosed that the house has a tenant? You cannot just kick a tenant out, others will give you better advice on that. You can hold the previous owner liable and withhold portions of the funds. If the owner is living there, you are entitled to charge occupational rent however if it's just the pre-existing tenant, I don't think you can as the supposed rental agreement has now been passed on to you. Consult the transfer attorneys but I'd demand that the funds transfer be put on hold immediately if possible.
 
Thanks for your advice. It was never communicated that there is a tenant. All that was disclosed was that 'a cousin ' is looking after the place in their absence and yes agent was aware that the buyer wanted to move in on registration.
 
Mvu said:
Thanks for your advice. It was never communicated that there is a tenant. All that was disclosed was that 'a cousin ' is looking after the place in their absence and yes agent was aware that the buyer wanted to move in on registration.
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Ok regardless of buyer aware, if the transfer has taken place, he can hold the old owners liable for rent, he needs to tell the transfer attorneys that the other party is in breach. Problem is, the timespan is short ( End of Month 31 August and they want to allow occupation 1 Sep? ). I'd try work something out with the rental or at worse stay somewhere overnight. Problem is their furniture etc. Either way, they can fully hold the other owner responsible for all costs involved and attempt to offset it against the transfer.
 
@OP I was in a similar situation and it all depends on the OTP and the existing rental agreement.

I cannot give legal advice but can share what happened to me. I purchased the house and forgot to ask if there was a tenant (even though I also knew a family member was looking after the house), as the buyer it was my responsibility to ask the questions - so your friend also needs to accept responsibility here.

The week before I was about to move in I got a phone call from the seller who was in a panic and he told me about the tenant. The problem was he was struggling to evict the tenant.

End of day the seller would have had to pay me a penalty if the tenant was not out by the agreed date as set out in the OTP. The seller managed to do this in time.

But your friend screwed up:

* He should have asked if there was a tenant / existing rental agreement.

* You always give yourself a buffer when moving. He should have done this in the middle of the month. If he cannot afford to pay an extra 2 weeks rent then he cannot afford his bond.
 
cbrunsdonza said:
@OP I was in a similar situation and it all depends on the OTP and the existing rental agreement.

I cannot give legal advice but can share what happened to me. I purchased the house and forgot to ask if there was a tenant (even though I also knew a family member was looking after the house), as the buyer it was my responsibility to ask the questions - so your friend also needs to accept responsibility here.

The week before I was about to move in I got a phone call from the seller who was in a panic and he told me about the tenant. The problem was he was struggling to evict the tenant.

End of day the seller would have had to pay me a penalty if the tenant was not out by the agreed date as set out in the OTP. The seller managed to do this in time.

But your friend screwed up:

* He should have asked if there was a tenant / existing rental agreement.

* You always give yourself a buffer when moving. He should have done this in the middle of the month. If he cannot afford to pay an extra 2 weeks rent then he cannot afford his bond.
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Even though he indicated that he wanted to move in on registration?
 
Mvu said:
Who has more rights? The current owner, my friend, or the previous owner?
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None of the above. The person with the most rights is the tenant :D


Mvu said:
Even though he indicated that he wanted to move in on registration?
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Was this indicated on the OTP? If so, then he has the right to move in, however if there is a tenant, then he can charge the previous owner occupational rent.
It is always good to have these things specified in the OTP.
 
The best is to have a quiet word with this tenant and see if he cannot advance his departure. All legal means will fail and will just waste money
 
Ask for a copy of the lease contract, then also ask about occupational rent. Also perhaps tell the conveyancer to hold back on paying out until this misunderstanding is cleared.
 
Mvu said:
Even though he indicated that he wanted to move in on registration?
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Yes.

And you never say date of registration as that is asking how long is a piece of string. What helped me was that it was an actual date and not an event in my OTP. Both the estate agent and attorneys advised me that going this route causes the fewest hassles.
 
If the property has been registered in your friends name, and it is not vacant you charge occupational rent as per the OTP... simple.
 
ToxicBunny said:
If the property has been registered in your friends name, and it is not vacant you charge occupational rent as per the OTP... simple.
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Yah, except for the fact that they are screwed with their rental agreement. OTP and occ rent is great but small solace if they are out on the street or stuck between rock and hard place :(
 
Kosmik said:
Yah, except for the fact that they are screwed with their rental agreement. OTP and occ rent is great but small solace if they are out on the street or stuck between rock and hard place :(
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Yeah I know...

But at the very least it costs the seller.
 
cbrunsdonza said:
Yes.

And you never say date of registration as that is asking how long is a piece of string. What helped me was that it was an actual date and not an event in my OTP. Both the estate agent and attorneys advised me that going this route causes the fewest hassles.
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If you are the buyer, perhaps. If you are the seller, there is a huge risk allowing someone occupation before transfer because anything can happen, and then you can end up with a squatter.
 
Through the years I have discovered that the best (legal) way to inconvenience a delinquent tenant is to renovate... just saying :whistle:
 
infscrtyrisk said:
Through the years I have discovered that the best (legal) way to inconvenience a delinquent tenant is to renovate... just saying :whistle:
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you have to agree on a date and time. Saturday's is the only acceptable day. i have pushed back many landlords who think they can just walk in when they want.
 
As it was said before: It all depends on the OTP. However almost all of the estate agents standard OTP deal with this problem in different ways, but it should say either:

1. the seller guarantees vacant occupation on transfer or
2. it deals with existing tenants and leases.

Its normally one of the two above.
 
Has the registration actually taken place?

It's not clear from the posts.

If it was agreed in OTP as stated above then the seller guaranteed it to be vacant upon registration.

If registration has taken place then the seller is in breach of contract.
 
Mvu said:
Good morning all

Someone asked me this and I thought I would ask mybb due to the wealth of knowledge I have seen here....

My friend bought a house and told the agent that they want to move in on registration. They also needed to give 2 months notice at the flat they currently occupying. So transferring attorney was informed, agents were informed therefore current owner, who is now the previous owner, was aware.
So the way I understand lease agreements is that they expire on the last day of the month. So my friend has vacate and clean the flat by the end of the month. But now the previous owner is refusing to give access to the house. He is saying that he has a tenant staying there and the house will only be available on the 1 St of September after 3 pm. I think he is being unfair.
So now I wanted to ask you guys for advice. Who has more rights? The current owner, my friend, or the previous owner? I told my friend that it's his house now and he can throw the tenant out. And I also found out that the tenant is actually a family member... So I am sure there was no lease signed there.
Thanks in advance for your advice.
Click to expand...

Why doesn't your friend just stay over in the existing place he is in. He can pay the rent prorata
 
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