Landlord's sale jeopardised as old tenant won't leave

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    #16
    There are MANY cowboys in operation out there! Section 21 is the correct route
    GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

    Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

    Comment

      #17
      Section 20 Notices do not apply to new tenancies post-February 1997.
      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

        #18
        Originally posted by danglar View Post
        I d rather not answer those who quickly round up to defend their ..colleagues.

        Firstly I am not a solicitor. Secondly I do not think that you have understood what is going on.

        You have arranged to sell a *vacant* flat. It is up to you and your team to ensure that it is vacant at completion.

        Based upon your assurances that your tenants were vacating, your team has agreed on a completion date of Wednesday, after their intended departure.

        Through no fault of your solicitor or agent, your tenants are still there. You therefore cannot complete on a vacant property - which is what you have contracted to do.

        YOU will therefore be in breach of contract, not your agent, solicitor or anybody else. You therefore have to manage the process so that it is resolved. I do not see why you are blaming your solicitors.
        The contents of this note are neither advice nor a definitive answer. If you plan to rely on this, you should pay somebody for proper advice.

        Comment

          #19
          Originally posted by Grange View Post
          Firstly I am not a solicitor. Secondly I do not think that you have understood what is going on.

          You have arranged to sell a *vacant* flat. It is up to you and your team to ensure that it is vacant at completion.

          Based upon your assurances that your tenants were vacating, your team has agreed on a completion date of Wednesday, after their intended departure.

          Through no fault of your solicitor or agent, your tenants are still there. You therefore cannot complete on a vacant property - which is what you have contracted to do.

          YOU will therefore be in breach of contract, not your agent, solicitor or anybody else. You therefore have to manage the process so that it is resolved. I do not see why you are blaming your solicitors.


          The Agents have had the property in their books since May and have arranged directly with the tenants for viewings to take place.
          The solicitor was informed I had tenants but choice not to listen.
          The Agents filled the Notice for me !
          Now the solicitor - whom the Agents works with and recommended to me - says the Agents gave me the wrong Notice to pass to the tenants.
          I am not a professional and YES I should blame myself for putting my trust in those who call themselves...Professionals!
          The minute a difficulty comes up they shrink back into their holes and are only interested in the fees . Advice ? Yes, the wrong one.
          Help ? No they are too busy with other matters.
          Competence ? They are the best in their business, if you ask them !


          SO: IS NOTICE SECTION 21 THE RIGHT NOTICE FOR A ASSURED TENANCY CONTRACT STIPULATED IN OCTOBER 2005 OR NOT ??
          As I said in another post: my solicitor (as late as yesterday afternoon) thought not, the Agents and others in this forum thinks it is .
          Where is the truth ??

          Nino

          Comment

            #20
            Yes a Section 21 notice is the correct notice to use.

            Comment

              #21
              Originally posted by Colincbayley View Post
              Yes a Section 21 notice is the correct notice to use.
              ...IF it's an Assured Shorthold Tenancy.
              However, danglar states that it is only an Assured Tenancy (i.e. a Standard Assured Tenancy?- if so, s.21 does not apply).
              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

                #22
                Originally posted by danglar View Post
                Assured shorthold 6 months contract started on 5th March and being rolling over for the past two years or so to young couple that had a child whilst living in the flat.
                In the first post it says Assured Shorthold?

                Comment

                  #23
                  Originally posted by Colincbayley View Post
                  In the first post it says Assured Shorthold?
                  Yes it does- so which is correct, danglar?
                  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

                    #24
                    The Tenancy is ASSURED SHORTHOLD

                    Danglar

                    Comment

                      #25
                      Originally posted by danglar View Post
                      The Tenancy is ASSURED SHORTHOLD

                      Danglar
                      In which case a S.21 notice is required.

                      Comment

                        #26
                        My tenants moved out on Saturday. What a relief !
                        Thanks to all (competent and less so) from this forum for all your replies !
                        I should be able to complete on Wednesday and after that I will not want to have anything to do again in UK with the business of renting out a property.
                        Who owns the place after all ??
                        The owner or the tenant ?? The freeholder or the leaseholder ?
                        Scums seem to have the law on their side these days and those who should know the law seem to know lesser and lesser.
                        The hell with it all .

                        Best regards

                        danglar

                        Comment

                          #27
                          Originally posted by danglar View Post
                          My tenants moved out on Saturday. What a relief!
                          Great news. Well done.

                          Originally posted by danglar View Post
                          Those who should know the law seem to know lesser and lesser.
                          Even landlords know lessor and lessor.
                          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

                            #28
                            Originally posted by jeffrey View Post
                            Even landlords know lessor and lessor.
                            Jeffrey,
                            Does your wit have no end?

                            Comment

                              #29
                              Originally posted by Colincbayley View Post
                              Jeffrey,
                              Does your wit have no end?
                              The end of wit is t.
                              Otherwise it would be a wi, later replaced by wii.
                              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

                                #30
                                Originally posted by jeffrey View Post
                                Great news. Well done.



                                Even landlords know lessor and lessor.

                                And now this, Jeffrey !!
                                My solicitor called me this morning to forewarn me transfer of the funds will not likely take place today, the sale completion date.
                                He is closing his office for ..."religious holidays" tomorrow and the day after and so he is moving the date to Monday 15th.
                                I ll be losing interests and - in theory at least - the purchaser ig being given time to pull out if he wants to , doesn t he/she ??

                                Nino

                                Comment

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