Sitting Tennant NO Agreement In Place

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    Sitting Tennant NO Agreement In Place

    Hi everyone

    I recently became aware of a property for sale which is stated as having a sitting tennant but with no agreement in place. I am actually wanting to buy the property to live in myself initially and then in a year rent out again. But, the property is listed well below market value and the estate agents have told me that the sitting tennant and the landlord had some kind of agreement, not written, and if the current vendor could have got rid of the tennant by now they would have instead of having to sell the property for bmv.

    After further investigation the tennant is not allowing anyone into the property, not possible buyers, estate agents or even the vendors themselves. So basically there is some sort of major issue here between the vendor and the tennant that nobody is talking about however, the tennant is paying a very low rent of about £35 per week for a 2 bedroom stone built cottage in a really nice area so they have their motivation to stay.

    My question really is, if I was to buy the property without being allowed in to see it first, as there is no agreement in place either written or verbal with myself and the tennant, can I not just move to get this tennant out legally? At one point during my converation with the estate agents they even said, "you will be buying a house you will never live in", this statement alone made me even more curious so what do you guys think?

    Any help or advice would be much appreciated.

    #2
    1. There IS an Agreement, I think; just nothing in writing. An oral Agreement is adequate (albeit not very satisfactory) for a residential letting.
    2. Do you know for how long T has been in residence? If this began before 1989. it is almost certainly a Rent Act 1977 Tenancy, and T is virtually irremovable. That would explain the Estate Agents' comments and the reduced value.
    3. How old is T? Is he/she elderly or ill (and not long for this world) or hale and hearty?
    4. You could making a large offer to T, in exchange for vacant possession. This is called "winkling-out", but take care to avoid putting any pressure (illegal).
    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


      #3
      Thank you very much for such a fast reply jeffrey I totally understand that this is just general advice that you give but it certainly does help with the thought process so thanks so much.

      (1. There IS an Agreement, I think; just nothing in writing. An oral Agreement is adequate (albeit not very satisfactory) for a residential letting.)

      If I as the new owner have no verbal agreement with the vendor, how can the vendor state they have any type of agreement with me? Surely any verbal agreement as flimsy as this especially as the tennant is paying a rent well below market rental price would not hold up for too long? Sorry if I am being naive. At the very least could I not increase the rent to the standard market rate if I bought the property?

      (2. Do you know for how long T has been in residence? If this began before 1989. it is almost certainly a Rent Act 1977 Tenancy, and T is virtually irremovable. That would explain the Estate Agents' comments and the reduced value.)

      The estate agents state that the T has been in residence since 1991 but I don't know how true this is.

      (3. How old is T? Is he/she elderly or ill (and not long for this world) or hale and hearty?)

      This was initially my primary concern, I didn't want to go and upset an elderly person in any way so I asked this question first and was told that the tennant is a healthy 34 year old male.

      (4. You could making a large offer to T, in exchange for vacant possession. This is called "winkling-out", but take care to avoid putting any pressure (illegal).)

      I have a feeling that this will probably be the easiest way to go about things but I also feel that the T is already very annoyed and angry by the situation so my initial approach is going to have to be well thought out. When you say but take are to avoid putting any pressure, what in your opinioin would consitute pressure / hassle etc.

      Totally understand if you don't have time to reply to this soon or at all but any views would be great. Unfortunately I have a lot to learn about property and being a landlord but I'm gonna have great fun learning. Great forum.

      Comment


        #4
        GPOL:

        Re oral Agreement: see s.20A of Housing Act 1988. T can require L (in AST case) to provide written statement of basic provisions of the tenancy. Make V provide this even voluntarily, before you exchange, to minimize divergence in how L and T understand the tenancy.

        Re your penultimate paragraph: I suggest that a written offer (perhaps followed by a polite telephone call) would not be harassment; but threats or late-night unannounced visits would be.
        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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