having signed the at5 form with new tenant it has become apparent that the tennant currently in the flat cannot move out . the new tennant now cannot move in how do we stand legally and what should we advise ?
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If you cannot get the old tenant out before the new tenancy is due to start it looks like you will be in breach of contract with the new tenant. If the existing tenant gave notice then he is supposed to leave when the notice expires and if he does not and you suffer loss you can sue, but you cannot get him out without a court order. -
at 5 only
thanks . we havent actually signed a tennancy agreement yet as there was always an issue as discussed with the new tennant that the move in date was not know so at the moment only an at5 form has been issuedComment
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What's an at5 form anyway? I've only been doing conveyancing and L&T for 30 yrs., but I've never heard of at5!Originally posted by sdl103 View PostJEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
4. *- Contact info: click on my name (blue-highlight link).Comment
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Scottish AST form?Comment
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Its the Scottish housing law equivalent to the old Section 20 form we used to have to issue confirming the tenant was about to enter into an AST (I know you know that but others on here may be not be as old as we areOriginally posted by jeffrey View Post
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My advice is not based on formal legal training but experience gained in 20+ years in the letting industry.Comment
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Aha- OP never stated that he/she is in Scotland. Lawcruncher's post #2 may therefore not apply.Originally posted by oaktree View PostIts the Scottish housing law equivalent to the old Section 20 form we used to have to issue confirming the tenant was about to enter into an AST (I know you know that but others on here may be not be as old as we are)JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
4. *- Contact info: click on my name (blue-highlight link).Comment
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