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 ?
at5 form contract to let
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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.
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Originally posted by sdl103 View Posthaving signed the at5 form with new tenantJEFFREY 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).
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Originally posted by jeffrey View PostWhat's an at5 form anyway? I've only been doing conveyancing and L&T for 30 yrs., but I've never heard of at5!)
My advice is not based on formal legal training but experience gained in 20+ years in the letting industry.
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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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