14:06 PM, 7th July 2014, About 12 years ago 26
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I’m in the process of purchasing a flat and shop under one deed.
It’s a hostile purchase (forced) and neither the owner, or the tenant, will give me a copy of the tenancy agreement or inventory. The tenant is now claiming the rent is a lot lower than they originally admitted too.
I’ve told the tenant I’m more than happy for them to remain as my tenants after I have purchased the property, but that doesn’t seem to help.
If, as I’m expecting, the tenant continues to be a problem, does anyone know how I go about evicting a tenant that I haven’t got an AST for?
Many thanks
Matt
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Neil Patterson
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Member Since February 2011 - Comments: 3447 - Articles: 286
14:09 PM, 7th July 2014, About 12 years ago
Hi Matt,
I think we need our legal minds to help out on this one!
My initial thought is have you considered pulling out of the purchase?
Mike Tighe
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Member Since September 2013 - Comments: 28
14:53 PM, 7th July 2014, About 12 years ago
Dear Matt, I and I believe many other readers of this forum also follow Tessa Shepperson’s blog and Landlord Law newsletter. I am pretty sure that sometime in the last 6 -12 months she wrote an excellent explanation of what to do in these circumstances. I was pleasantly surprised to read that you can still take successful action in the absence of a tenancy agreement. Unfortunately I can’t remember when it was exactly – maybe you can do a search or if she is reading this she could refer us to it ? Mike
Adrian Matthews
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Member Since October 2013 - Comments: 42
14:57 PM, 7th July 2014, About 12 years ago
Reply to the comment left by “Neil Patterson” at “07/07/2014 – 14:09“:
Pulling out of the purchase is not an option as its the only way I can recoup some of my equity from the owner.
Neil Patterson
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Member Since February 2011 - Comments: 3447 - Articles: 286
15:06 PM, 7th July 2014, About 12 years ago
Reply to the comment left by “Adrian Matthews” at “07/07/2014 – 14:57“:
Hi Adrian,
I am not sure I understand the circumstances in that case. What is a hostile purchase?
Ian Ringrose
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Member Since July 2013 - Comments: 560
15:09 PM, 7th July 2014, About 12 years ago
What if the owner signs a new AST for 10 years at £1 pcm rent just as the purchase is about to complete?
Chris Amis
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Member Since August 2013 - Comments: 109
15:29 PM, 7th July 2014, About 12 years ago
If the vendor owes you money and has an asset, can’t you sue and put a charge on it.
Or are you getting the place at a song as part of the agreement?
Adrian Matthews
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Member Since October 2013 - Comments: 42
15:30 PM, 7th July 2014, About 12 years ago
Reply to the comment left by “Neil Patterson” at “07/07/2014 – 15:06“:
What I mean by hostile purchase is that the court have given me authority to sell the property.
Freda Blogs
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Member Since July 2013 - Comments: 737
15:34 PM, 7th July 2014, About 12 years ago
Matt: you say its a flat and shop under one deed – is it held on a single (commercial) lease, which would be commonplace for such property types? If so, it may be registered at and downloadable from the Land Registry.
Adrian Matthews
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Member Since October 2013 - Comments: 42
15:36 PM, 7th July 2014, About 12 years ago
Reply to the comment left by “Chris Amis” at “07/07/2014 – 15:29“:
OK, the case is very complicated and the AST part was the bit that was bothering me. I wouldn’t say the property was going for a song, but it’s an opportunity I can’t turn down 🙂
Neil Patterson
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Member Since February 2011 - Comments: 3447 - Articles: 286
15:38 PM, 7th July 2014, About 12 years ago
Reply to the comment left by “Adrian Matthews” at “07/07/2014 – 15:30“:
Ah thank you Adrian. So the vendor owes you money. That is why you are so embroiled.
What is the advice of your solicitor so far as they normally arrange the take over of tenancies upon purchase?