Common-law tenancy: can L change mind before it starts?

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  • Common-law tenancy: can L change mind before it starts?

    I have signed a Common Law Tenancy with new tenants for a flat I own and we have exchanged (at least, they have paid the deposit and first month's rent already).

    They have not yet moved in, but since agreeing the CLT, I have received and accepted an offer to buy the property. I would like to end the CLT and continue with the sale process.

    How do I end the CLT? Can the soon-to-be tenants block the sale?

    Thanks you

  • #2
    Originally posted by l@ndlord View Post
    I have signed a Common Law Tenancy with new tenants for a flat I own and we have exchanged (at least, they have paid the deposit and first month's rent already).

    They have not yet moved in, but since agreeing the CLT, I have received and accepted an offer to buy the property. I would like to end the CLT and continue with the sale process.

    How do I end the CLT? Can the soon-to-be tenants block the sale?

    Thanks you
    What does your tenancy agreement say about how it can be ended?

    At common law the notice period might be as brief as four weeks (for a weekly tenancy) or a month (for a monthly tenancy) but if you have agreed a fixed term tenancy and/or have agreed a longer notice period, then you must comply with the terms of the agreement.

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    • #3
      Would this be any different if OP has not yet furnished the tenants with a signed copy of the tenancy agreement? I feel that from what has been stated is that OP has not yet exchanged.
      The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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      • #4
        There is a one year break in the CLT, but no other notice period is specified.

        The tenants have a signed copy of the tenancy agreement. Can they legally enforce the contract and move in?

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        • #5
          Originally posted by l@ndlord View Post
          There is a one year break in the CLT, but no other notice period is specified.

          The tenants have a signed copy of the tenancy agreement. Can they legally enforce the contract and move in?
          If the basics of a binding contract exist (offer, acceptance, and consideration), yes.
          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).

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