Validity of informal tenancy agreement?

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    Validity of informal tenancy agreement?

    Hi, I've decided to sell my house. It presently has a family occupying it. Our agreement was informal, just a scrap of paper outlining the rent amount and length of tenancy. It didn't say anything about notice, or rules or regs or anything that I probably should have done. I also don't have any Landlord qualifications etc, or any deposit arrangement. What rights do they have to continue to occupy now I have decided to sell, and do I have any grounds to now give them notice to leave?

    #2
    Where is the property? The laws differ depending on which part of the uk it’s in.

    What was the tenancy start date? Did you take a deposit and not protect it? Anything else you might have failed to do like annual gas safety checks if the property has gas appliances?

    Comment


      #3
      In Wales. They moved in in October 2021. I've given them 2 months notice.
      no deposit taken. no safety checks done, or anything else. they needed a place, i let them move in with a a hand written note of agreement.

      Comment


        #4
        Tenants in Wales are due 6 months notice due to measures brought in because of covid so your notice isn’t valid. If you took a deposit and didn’t protect it any Section 21 you issue will not be valid. Similarly if you are not registered with Rent Smart Wales any Section 21 will not be valid.

        You’re best hope is to speak to your tenants and potentially offer then some money to agree to surrender the tenancy.

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          #5
          even if the tenancy agreement is informal and even though i still use the property bathroom etc, though I now live in a static in front of the house.

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            #6
            Do I have the right to put the property on the market while they are still in occupation? and if so am I allowed access to photograph everything and to show people around as needed?

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              #7
              You can sell it, no problems. New owner becomes new landlord. Selling does not end tenancy nor compel tenant to leave. Tenants don't have to permit valuations, surveys, viewings, photos.

              'umbly suggest you do some basic landlord education.
              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...

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                #8
                Why do you think the agreement is informal and who do you think is going to want to buy a property with tenants in-situ that it might not be possible to ever evict?

                Your best hope is for the tenants to accept your notice and for them not to contact Shelter Cymru because I’m not really sure if your arrangement would make them excluded occupiers rather than tenants with an AST.

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                  #9
                  If you live in a static caravan outside the property, you don't live in it, and the occupants of the house are likely to be tenants.

                  Landlords in Wales have to be licensed.

                  I think you need to sort this out and get some professional legal help.
                  Otherwise anyone trying to buy the property will be advised to pull out when the situation becomes apparent (and you'll have to make them aware of it quite early on).
                  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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                    #10
                    Good advice all round. Thanks

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                      #11
                      You need to speak to your tenants and ask them to leave when they can. If you are lucky they will, if you are unlucky you are in one awful mess with no chance of getting them evicted!

                      I would not market the property until they have left because the value with them in will be significantly less because of the risk the potential buyer is taking.

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                        #12
                        I uess get them on an AST asap and then any prospective buyer is covered when they take property on.

                        I think this flowchart on eviction may help...https://nearlylegal.co.uk/section-21-flowchart/

                        Although I am little confused on page 14 that when issuing a new tenancy if there has been a previous held deposit it seems to indicate that s21 not valid?
                        Perhaps some much more knowledgeable members could answer better!

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                          #13
                          Livingonaprayer,

                          There’s a very good chance the tenants already have an AST.

                          Comment


                            #14
                            Originally posted by Livingonaprayer View Post
                            I am little confused on page 14 that when issuing a new tenancy if there has been a previous held deposit it seems to indicate that s21 not valid?
                            Perhaps some much more knowledgeable members could answer better!
                            I have looked at page 14 and I don't see that..

                            What is the sequence of boxes that lead you to that conclusion?

                            Comment


                              #15
                              Page 14 of the PDF says:
                              1st question. Was the deposit protected and prescribed information served during a previous tenancy agreement for the same property?

                              Which would indicate if LL hadn't protected it previously, even if was to issue a new and over-riding AST then as it's for the same property S.21 not valid.

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