Buyer wants to rent until completion

NeverAgain_2

I don't fancy this either, but is there any way of doing it as a fixed term holiday let?

Presumably, if you rent a holiday cottage, you don't automatically gain the assured shorthold tenancy rights of occupation.

JQ.

NeverAgain wrote: »

I don't fancy this either, but is there any way of doing it as a fixed term holiday let?

Presumably, if you rent a holiday cottage, you don't automatically gain the assured shorthold tenancy rights of occupation.

A good point of which I'm not 100% sure of the answer.

However, I would imagine the legal obligations of a holiday let from both from a health and safety point of view and also with regard to the mortgage would be even worse than an AST.

My guess is that if you provided a holiday let and they refused to leave at the end of the period, you would have to go through the same eviction process as that of a tenant. Plus if the OP went down this route a Court will always looks at the reality of situations and the reality would be that it's not a holiday let, but a contrived tenancy to circumvent the obligations of the L&T Act. The L&T Act would then therefore apply.

nuki

Pewit wrote: »

are there any other suggestions as to how to arrange this safely and push the sales process forward?

Hi, suggest to your buyer she can negociate on a very short AST where she currently lives.

I am in a very similar situation to your buyer, I am renting and just bought a different flat, not the one I live in. My current tenancy will end on June 8. The sellers' solicitors are delaying the process so I have to find a solution - if I can't get the keys to the property I bought by June 8.

The owner of the flat I live in might not agree to the short AST, but in my case he is not selling, will rent at a higher price. I'm willing to pay that higher price until I move out, and give him as much notice as I can, and agree to viewings.

As other posters said what you are trying to do is very risky...

Both of you should consult your solicitors before doing anything like this.

ps. Was she asked to vacate at the end (i.e. section 21 notice?) if not, the AST contract becomes a rolling tenancy and she can stay longer, provided she gives 1-month notice.

BigAunty

Her tenancy contract may well end on that date but she has the right to live in the property until such time as the landlord gains a court order for possession and this can take months depending on who served the notice and where it is in the cycle.

It's better that she remains in the property with the consent of her landlord but the landlord can't really do anything if she's stays put.

Like a previous poster, my sister consented to her buyer moving into her property while the sale of her buyer's was much slower but it turned out that her buyer had a joint property and her ex refused to sell. My sister was stuck with a tenant who then couldn't proceed to buy it. Now she wants to sell up again this spring, she's found that her letting agent issued a new 1 year contract to the tenant when it was only supposed to be 6 months and is stuck with another tenant far longer than she wished.

tbs624

nuki wrote: »

Hi, suggest to your buyer she can negociate on a very short AST where she currently lives.

...she could continue on a stat periodic until the LL wants to seek repossession

Wickedkitten

What if this chick moves in, decides she doesn't want to buy it, and ends up as a squatter? Personally I wouldn't do it.

tbs624

NeverAgain wrote: »

I don't fancy this either, but is there any way of doing it as a fixed term holiday let?

Presumably, if you rent a holiday cottage, you don't automatically gain the assured shorthold tenancy rights of occupation.

Property would have to be available commercially for 140 days per year to qualify as holiday let, and let for less than 31 days in one block IIRC.

Residential mortage providers would exclude it under their Ts and (edit) Cs too.

nuki

tbs624 wrote: »

...she could continue on a stat periodic until the LL wants to seek repossession

If she was given a section 21 notice to vacate at the end of the tenancy*, it won't really become a periodic contract. In this case the owner knows they can't realistically evict her until he goes to court so he might agree to the short AST until she leaves.

I believe it's the safest and less costly scenario for everyone involved...


*In my case they sent a letter and with section 21 included which would be voided only if I signed a new 1-yr tenancy at a higher price. I didn't sign the renewal, but if I don't manage to complete on time, I'm willing to sign a new short AST at a higher price and let them to viewings. I believe it's a fair proposition.

theartfullodger

nuki wrote: »

If she was given a section 21 notice to vacate at the end of the tenancy*, it won't really become a periodic contract. In this case the owner knows they can't realistically evict her until he goes to court so he might agree to the short AST until she leaves.

I believe it's the safest and less costly scenario for everyone involved...


*In my case they sent a letter and gave me achoice: a section 21 notice served OR a new 1-yr tenancy at a higher price for me. I didn't sign the renewal, but if I won't complete on time, I'm willing to sign a new short AST at a higher price and let them to viewings. I believe it's a fair proposition in my case.

Err.. no, s21 does not end tenancy,
does not prevent periodic..

nuki

The tenancy ends on the date specified in the AST contract. Section 21 requires possesion and it's used when they go to court to apply for evition. Am I missing something?