unexpected closing day requests from buyers solicitor

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geri

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Is it normal for the buyers solicitor to request proof of valid notice of termination of previous tenants on the closing day of sale. They have also requested proof of RTB registration, copy of lease agreement, details of rent, names of tenants. The tenants have already vacated and are living somewhere else. The house is empty. This request came to us yesterday (closing day) through our own solicitor. This is the first we have heard of needing to provide this. Valid notice with statutory declaration signed by our solicitor was issued last year but now I cant find a copy of it. They didn't keep one either. RTB registration was fully up to date. Our solicitor is telling us the buyers solicitor is entitled to this documentation. Contracts have already been signed and the 10% deposit has been paid. It was no secret to either solicitor all along that here were tenants in the house prior to this.
 
Well I'd be making a new copy. But that's me. Maybe the tenants kept a copy, that's an alternative. Or a declaration from the tenants that they got valid notice.

I suppose this situation is all new as regards tenancies and someone ommitted to tell you that you'd need these documents.

I wonder what happens if a tenant just ups and leaves.
 
Thanks Bronte, I have already told my solicitor that I will just do up a new one, but they seem reluctant to have me do that. Not thinking, I had already told them that I couldn't find it. They are coming back to me today with next steps. Im wondering is all this detail a valid request though, especially at this late stage. If I had known that this was needed prior to this I could have dealt with it. The tenants are not easily contactable.
 
geri said:
Im wondering is all this detail a valid request though, especially at this late stage.
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Yes, it's normal where the purchasers plan to let the property. They're just looking to protect themselves from any nasty surprises. If you were the one buying, you'd want all the same proof.
 
geri said:
Thanks Bronte, I have already told my solicitor that I will just do up a new one, but they seem reluctant to have me do that. Not thinking, I had already told them that I couldn't find it. They are coming back to me today with next steps. Im wondering is all this detail a valid request though, especially at this late stage. If I had known that this was needed prior to this I could have dealt with it. The tenants are not easily contactable.
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The buyers solicitor is going overboard. Any claim made by the tenants for invalid termination notice etc would be made against you not the property. As the property has changed (or is about to) hands then any claim would be against you if any were to be made.
 
geri said:
Thanks Bronte, I have already told my solicitor that I will just do up a new one, but they seem reluctant to have me do that. Not thinking, I had already told them that I couldn't find it. They are coming back to me today with next steps. Im wondering is all this detail a valid request though, especially at this late stage. If I had known that this was needed prior to this I could have dealt with it. The tenants are not easily contactable.
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Well when you find it give them a copy ! You probably filed it in your tax return file. Or your RTB file. Go have a look. It's a standard document etc.
 
The Horseman said:
The buyers solicitor is going overboard. Any claim made by the tenants for invalid termination notice etc would be made against you not the property. As the property has changed (or is about to) hands then any claim would be against you if any were to be made.
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This solicitor has been difficult to deal with all through the process according to both my solicitor and the estate agent. 30 queries on the contract, not including this issue.

Leo said:
Yes, it's normal where the purchasers plan to let the property. They're just looking to protect themselves from any nasty surprises. If you were the one buying, you'd want all the same proof.
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They are moving into it themselves.


Bronte said:
Well when you find it give them a copy ! You probably filed it in your tax return file. Or your RTB file. Go have a look. It's a standard document etc.
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I hear you Bronte! I'll do that.
 
Are there GDPR implications to circulating the names of previous tenants to new owners of the property?
What legitimate grounds does the new owners of the property have to access this information?
 
Update. Sale closed today without any of the above documents sent to the buyers solicitor. Sent us into a bit of a tail spin on Monday for nothing really!
 
geri said:
Is it normal for the buyers solicitor to request proof of valid notice of termination of previous tenants on the closing day of sale.
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This is complete BS. Just shows the total incompetence of some (many) solicitors.

The request seems completely unnecessary to me, but for the buyers solicitors to ask for it is up to them, if that is what they think is in their clients best interests.

To request it on the closing day is utter nonsense. And then to close without it, duh!
 
I'm just glad it's over now. As is my solicitor and the estate agent !
 
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