Tenant or owner won’t supply copy of tenancy agreement on property I am purchasing

by Readers Question

14:06 PM, 7th July 2014
About 6 years ago

Tenant or owner won’t supply copy of tenancy agreement on property I am purchasing

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Tenant or owner won’t supply copy of tenancy agreement on property I am purchasing

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

MattShop


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Comments

Adrian Matthews

15:48 PM, 7th July 2014
About 6 years ago

Reply to the comment left by "Freda Blogs" at "07/07/2014 - 15:34":

No Freda, the flat and shop are independent and have their own access. I have a copy of the AST from the shop part, they're being very good about it.

Adrian Matthews

15:51 PM, 7th July 2014
About 6 years ago

Reply to the comment left by "Neil Patterson" at "07/07/2014 - 15:38":

Neil, the solicitors haven't commented on it yet, they just keep asking the estate agents to chase them up.

Mark Smith (Barrister-At-Law)

15:52 PM, 7th July 2014
About 6 years ago

Any covenants, leases and tenancies that affect the property continue on sale/transfer of the freehold with the new freeholder stepping into the shoes of the old one.

Freda Blogs

15:59 PM, 7th July 2014
About 6 years ago

Reply to the comment left by "Adrian Matthews" at "07/07/2014 - 15:48":

I hope its not an AST for the shop Adrian - quite the wrong type of agreement!

If it is, I strongly recommend you get a proper lease prepared and signed once you have acquired the property, or ideally before - in fact you may wish to see if you could make this a negotiating point to improve the price: to reflect risk and having to negotiate/alter the tenancy and all associated costs.

Christopher Browne

17:20 PM, 7th July 2014
About 6 years ago

Reply to the comment left by "Mark Smith (Barrister-At-Law)" at "07/07/2014 - 15:52":

Is there anything to stop the vendor giving this tenant an AST for 10 years at £1 pcm now?

If both these parties are trying to be awkward then could this be transferable and enforceable under new ownership, especially when it would be clear that this was way below the market rent and purely done by the vendor and very happily accepted by the tenant, in order to reduce the value of the asset being purchased?

Or would the vendor be shooting himself in the foot by reducing the value of his asset in this way as the buyer could claim that he has an asset of a reduced value so can chase the vendor for more funds?

Adrian Matthews

17:42 PM, 7th July 2014
About 6 years ago

Reply to the comment left by "Christopher Browne" at "07/07/2014 - 17:20":

Yes, I would be interested in that one. Especially as the vendor is not going to see any funds from the sale. Even purchasing at the price I am, I'm still getting a kicking in the gentleman's area, because the vendor has no more assets and so can't/won't pay me back what he owes.

Mark Smith (Barrister-At-Law)

19:10 PM, 7th July 2014
About 6 years ago

What does the contract say about the encumbrances on the land?

Michael Swallow

10:11 AM, 8th July 2014
About 6 years ago

HI

I'm new here and been out of property for a while but I remember years ago the law was changed so that any tenancy created with or without agreement was an ast unless you state in writing or with a contract it's not., Is this still the case ? if it is then this buyer could assume there is no agreement and deal with tenant on this basis.

I hope this is still right and this helps

Michael

Mike Sosner

11:41 AM, 21st August 2014
About 6 years ago

AST on flat above shop - unknown details:
How long has the tenant been in occupation? Would it be time for a rent review? Or to "await the gentle passage of time" and assert a market rent. What's the maximun AST for a residential property - three years isn't it? And if the tenant were to resist review to a market rent, wouldn't s/he have to produce the AST in defence? Just some thoughts...

Adrian Matthews

12:17 PM, 21st August 2014
About 6 years ago

It looks like my solicitors have managed to smooth things over, however, not without issues. The tenant has finally given me a copy of the AST, in fact, several copies (covering 6 months on each) covering the next few years...but at a greatly reduced rent (surprise, surprise). So my solicitor has written to the tenant giving them two months notice of an increase in rent. I'm sure it will all be resolved shortly. Thanks for the input.

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