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  #1   IP: 31.50.160.127
Old 04-10-2015, 09:28 PM
quattromike quattromike is offline
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Default Buying property with issues

I am in the middle of purchasing a property with a handy building on it and a good yard. The problem is the property has had a few tenants that have been taking advantage of the current owner for the last 15 years. There is a right old mess left after they vacated, there is stacks of old filters and 45gallon drums lying about with god knows what in them and leaking out of them, there is old tyres and rusty old steel panels lying against the wall. My issue is I'm buying with vacant possession , which I believe is no tenants and no crap lying about. So do I hold off with the completion of the sale until this is sorted or do I go ahead with the sale and get a skip in to clear it up and charge the current owner for doing so? The trouble is I don't want to miss the opportunity to buy this place but at the same time don't want to find myself in trouble with the authorities for all the polution and contamination that is going on. Answers please
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  #2   IP: 81.158.157.83
Old 04-10-2015, 09:34 PM
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JD450A JD450A is offline
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Default Re: Buying property with issues

Get a legal document signed stating that the current owner is responsible for any contamination on the site and the clean up/liability.

Or just get 10k knocked off the cost of the property and deal with the issue yourself. Any contaminated ground is unlikely to cause too much issue and is unlikely to be known about to anyone bar yourself. The drums are hopefully filled with something flammable that could be filtered and run a workshop heater and scrap you can cash in? That's unless there's piles of asbestos and nuclear waste around the place. Oil can be dealt with.

The Risk and issues you've stated are going to help devalue the property which is at your advantage. Lifes a gamble and I would think any EA representative would be supportive of anyone cleaning up someone elses mess?
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  #3   IP: 81.159.128.232
Old 04-10-2015, 09:42 PM
grahams grahams is offline
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Default Re: Buying property with issues

Vacant possession means no crap left. You can normally complete, but get a retention held back until it is cleared. This would normally have the effect of getting the site cleared before completion as the seller will want his money.
You should also be able to get a clause in the contract that you are not liable for pollution from before you purchased it.
If you do complete a nice new yard surface of plannings goes a long way to tidying it up and stops most nosy people looking any further.
Graham
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Old 05-10-2015, 12:08 AM
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V8Druid V8Druid is offline
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Default Re: Buying property with issues

not a lot to add to that really, other than re-iterate - cover your arse with cast iron paperwork - your legal will be aware of the situation and as said, retention clauses focus minds
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Old 05-10-2015, 07:20 AM
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Local Diggers Local Diggers is offline
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Default Re: Buying property with issues

Quote:
Originally Posted by grahams View Post
Vacant possession means no crap left. You can normally complete, but get a retention held back until it is cleared. This would normally have the effect of getting the site cleared before completion as the seller will want his money.
You should also be able to get a clause in the contract that you are not liable for pollution from before you purchased it.
If you do complete a nice new yard surface of plannings goes a long way to tidying it up and stops most nosy people looking any further.
Graham
thats the advice i would give.
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Old 05-10-2015, 08:20 AM
quattromike quattromike is offline
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Default Re: Buying property with issues

Thanks guys, this is what I was needing to hear, I think I already know in my head I've already accounted for the mess to clean up when I made my offer. I was just a bit jittery as it's close to completion and there is a tenant in one part of the property a bit slow in clearing out and looking closer there is a lot to clear up. The plannings are sitting ready to be layed .
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Old 18-11-2015, 08:13 PM
quattromike quattromike is offline
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Default Re: Buying property with issues

Ok so latest is the seller has agreed a decent retainer for the crap that is left but there is an issue with a tenant on the small field that goes along with the property who has cattle in it but has not moved on. I fear if I agree the sale and he is still there I will not get him to move on and I'll be stuck with him. The field complements the property and I wouldn't like to go ahead if the field wasn't included. What can be done when livestock are involved
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Old 18-11-2015, 08:45 PM
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Default Re: Buying property with issues

Quote:
Originally Posted by quattromike View Post
Ok so latest is the seller has agreed a decent retainer for the crap that is left but there is an issue with a tenant on the small field that goes along with the property who has cattle in it but has not moved on. I fear if I agree the sale and he is still there I will not get him to move on and I'll be stuck with him. The field complements the property and I wouldn't like to go ahead if the field wasn't included. What can be done when livestock are involved
From memory Mike; if they have the grass keep, they must be paying for it and not be in arrears.
If they are and are up to date with payment, the owner needs to have them off the land at least one day a year to break the let..... in other words if they're on there for a full 365 days in a year, they can be a bugger to get off there.

you need to establish when the last break was and if it's over 365 you are going to need some very good legal advice on the situation.

You would still be the owner of the land, if you purchased it, but you'd have a 'sitting tenant', in respect of the grass keep ...... if that is all that has been let.

I dare say there're a few of the 'farming stock' lads on here, who will have this off chapter and verse!!
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Old 05-03-2016, 11:39 PM
quattromike quattromike is offline
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Default Re: Buying property with issues

As far as I know there is no tenancy agreement in place, the current owner has been allowing the tenant there for the last I'll say 15years but has not been paying a penny for it. He has approx 4 cattle in the field and I'm considering going ahead with the sale with a reduction of sale price for the sitting tenant and then get on with my plans for the buildings. My next concern is if he is a tenant on the field (for free) what would be my responsibilities with regards to fencing and such? There is a mains water supply to the field and is fenced but fencing is not great and the is an electric fence with power from the buildings but I'm not keen on paying for the electricity for someone not contributing to the cost. An I liable to pay for new fencing to contain the cattle?
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Old 06-03-2016, 12:04 AM
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Default Re: Buying property with issues

Quote:
Originally Posted by quattromike View Post
As far as I know there is no tenancy agreement in place, the current owner has been allowing the tenant there for the last I'll say 15years but has not been paying a penny for it. He has approx 4 cattle in the field and I'm considering going ahead with the sale with a reduction of sale price for the sitting tenant and then get on with my plans for the buildings. My next concern is if he is a tenant on the field (for free) what would be my responsibilities with regards to fencing and such? There is a mains water supply to the field and is fenced but fencing is not great and the is an electric fence with power from the buildings but I'm not keen on paying for the electricity for someone not contributing to the cost. An I liable to pay for new fencing to contain the cattle?
I doubt you have any responsibility to them Mike (gentleman's agreement between previous owner / him) .He pays no rent, etc. so..... The water and power'd be the first things that went off

Swiftly followed by immediate notice to quit and an extortionate demand for rent, if he wished to remain, payable in advance annually, on receipt .... and I mean ridiculously extortionately overpriced.
don't think the fair rent act applies to coooos
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