Company Tenant

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    Company Tenant

    I am letting my property to a company (letting agent) under a guaranteed rent scheme for housing social/council tenants. The lease expired in November 2020. I gave then notice in June 2020 that I would like the property handed back at the end of the lease as it was being sold. To date, the company has not/will not give me a date by which the property will be handed back. I have reasons to believe that the company is not making reasonable endeavours to hand back the property. The property is now sold STC, but exchange is being delayed as the property is still occupied and vacant possession is required.

    My question is what are my legal options in regaining possession?

    Take them to court - but first check all paperwork, tenancy, NTQ etc is correct. Unlikely to happen fast, the sale might fall through. Sorry

    Was tenancy agreement supplied by company/agent?

    Don't wish to be gloomy but there seem to be way to many similar posts of such rent-2-rent schemes/scams going wrong.

    Perhaps Google rent to rent scams.

    If the occupants have ASTs then when/if your tenancy agreement with company/agent is ended, occupants become your AST tenants, same AST. Thatcher's 1988 Act.

    Good luck.
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...


      Thanks you for your response. Yes, the tenancy agreement was supplied by the company.


        Originally posted by Aramis View Post
        Thanks you for your response. Yes, the tenancy agreement was supplied by the company.
        Check what the contract says about how it can be terminated and what happens when the end date is reached.
        Commercial leases are not covered by the same regulations as residential leases which can cause problems for the agent, as they, generally have fewer rights than their tenants.
        So, usually, the contract seeks to redress this balance.

        If you are able to terminate the contract unilaterally, your valid notice would normally end the tenancy and the tenants would become yours.
        At which point you would have to remove your tenants, which could take months (or even be impossible).

        Even if the agent are cooperating to the best of their ability, they may not be able to retake possession for some time (or even at all), tenants have a lot of rights, and even the most simple form of notice by a landlord is a minimum of six months and there is currently a stay on almost all evictions.

        If you have sold with vacant possession, you have a number of problems.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).


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