what does 'by tacit relocation' mean?

ali-t

I appreciate your insight but surely (she says niaively!) the sale would be dependent on the tenants being evicted properly and if there is 2 months notice then my solicitor would be checking at the point of notice being served that it had been done properly?

theartfullodger

Buying a property with tenants still in it is entirely legal, indeed common for landlords to do so. There's nothing (I think..) to stop your offer being dependent on vacant possession though. But, beware, the agent or the seller saying "Yes, notices served, they'll be out on (say) 25th Dec 2011".. is all very well - but if I was buying to live there I'd not finally committ before I saw with my own eyes that the place was empty & cleared.

In your shoes I'd want to prove to myself that the solicitor understood this murky area and was not simply someone good at conveyancing. Last time I paid a solicitor to do the paperwork for a letting it was full of errors - nice chap but he (sadly) knew less about the area than me...


A simple notice to quit (etc etc) does not have to be acted on by the tenant: The only legal way to enforce eviction is court order executed by Sheriff Officers - the tenant MAY leave when requested but doesn't always.. (How would you feel if some b***ard wanted to kick you out of your home...???).

Unlike with ASTs in Engerland where the tenancy is an AST almost regardless of what you do with the paperwork (indeed tenancy can be verbal..) in Scotland if the SaT paperwork isn't done properly (serve AT5 first..) it ain't a SaT it is an AT with greater security of tenure and the old 2 months notice to go isn't valid..

See...

http://www.scotland.gov.uk/housing/leaflets/atsy-03.asp

http://scotland.shelter.org.uk/getadvice/advice_topics/renting_rights/renting_from_a_private_landlord/assured_tenancies

http://www.painsmith.co.uk/Shop/Shop-_Scotland/AT5_Notice-_Scotland

chappers

Artful has pretty much said it all.
You need to find out when they could be given notice and how long their lease is, as he says , in Scotland if notice isn't given then one day after the term ends the tenants have another lease for the same term.
So say this house has tenants on a 12 month contract that expired yesterday and they hadn't been given notice then they couldn't be made to move for another 12 months and as Artful says a tenancy that hasn't been executed properly could give the tenant even more rights.
This is all something your solicitor should check for you.
I too would want to see evidence of vacant possesion before making any commitment, particularly in Scotland with it's stricter house buying regulations

ali-t

It is quite a big risk. I have asked for the home report and it is a cat b listed building so hopefully the home report will put me off but it looks so idyllic.