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Any Advice


claire12

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I am looking at buying a property with a sitting Tenant, I have viewed the property and found it to be in need of urgent attention .i.e. dangerous electrics , holes in walls , floorboards missing etc. etc.

The house needs to be fully renovated, this is reflected in the price.

The viewing of the property took place without the Tenant being notified, the owner had keys and let himself and me in, the Tenant was not home!

The owner of the property has never issued a Tenancy Agreement, has never carried out any maintenance work and is owed months of rent.

Can you help with the following questions?

1. Once the sale has gone through, I will be responsible for the Tenants safety, how can I do this if the Tenant will not let me into the property. I will not let myself in.

2. How do I go about evicting the Tenant, I will not have a Tenancy Agreement or a history of non-payment.

3. How long will it take and how much money

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You need to get some professional legal advice from a solicitor who specialises in housing/ conveyancing. You need to ensure it is not a tenancy granted before 15th January 1989 and governed by the RentAct 1977. If it is it may be a protected tenancy with rent controls and non of the niceties of an assured shorthand tenancy.

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Yes, proceed carefully on this proposed purchase Claire. One conveyancing mistake and you could end up being thousands of pounds out of pocket.

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Claire this situation is a potential mine field for you and could cost you a lot money if not dealt with correctly but saying that if you have got a good deal on the purchase price and you get the legalities regarding the tenant sorted you could have a result.

I would advise you join the Guild of Residential landlords https://www.landlordsguild.com/ before you are committed to the purchase which will cost about £100 speak to Adrian who runs the site and he will advise you on the best course of action with getting the tenant out. I can promise you it will be the best 100 quid you can spend and he will help you with all the paperwork for dealing with the tenant and save you a bundle of cash compared to a common and garden high street solicitor.

Though the property price has been reflexed on the condition of the property but has an adjustment been made due to the tenancy and the problematic tenant. Also a very important question to confirm in writing from the seller is how long has the tenant been living in the property to find out if they would be classed as a regulated tenant or not as that is a game changer and they could have a life tenancy. Tread carefully.

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Definitely do not buy this property unless you want to hold on until tenant passes on and even then he/she may pass the tenancy to a child or sibling.

You cannot evict a regulated tenant so they carry on paying a low rent whatever you may try to do to renovate the property.

If the cost of a property is too cheap there is a good reason and a sitting tenant is one.

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