Vacant occupation - what does this mean when you buy a property?
Case study,
"I recently purchased property and the previous owner had tenants in the outhouse and told me upon registration tenants will be gone. The sale agreement provides for vacant occupation on registration. The property registered in my name and the tenants remained on the property and now refuse to move out and have not paid rental. I don't have a lease agreement or any sort of agreement with the tenant. Please can you give me some advice on how to remove the tenant since I need to occupy the outhouse myself. "
Mc Naught and Co says:
I know "should have" is not really good enough, but for other readers who may be buying occupied property, please add a clause into the sale agreement whereby the seller guarantees 'vacant occupation' and that they remain responsible for all steps to ensure that any lease on the property is duly terminated and that the tenant vacates the property by date of registration of transfer.
In this case you need to establish whether the tenant has a month to month or a fixed term lease with the previous owner and then take the steps to give them notice of cancellation and, when the time period is up, if they don't move, take legal steps to evict them. Remember there is an applicable law that says "huur gaat voor koop" - hire goes before sale. In other words, even though the property was sold, the lease, even if verbal, is valid until it is properly cancelled.
Contact Mark on 0870210123 if you have a similar or any other problem.