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Buying a house with tenant on Periodic Tenancy?
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On a side note from the sols, all tenancies after 2007 are ASTs whether stated on there or not.
Err... b****ocks... Commercial tenancies?? Holiday lets?? Lets of residential properties to companies?? Lets of flats in converted buildings where landlord lives elsewhere in the building?? Lets by councils & housing associations??? Also 2007 is not the key date but 28 February 1997. (Sigh!!)
I think this simply highlights your solicitor (whom you are paying for..) doesn't understand landlord/tenant law.
Are they a specialist in LL/T law??
Be very careful taking advice from them if this is an example...0 -
I agree with Artfull.
Also you could see what the landlords on
http://www.propertytribes.com/ and
http://www.landlordzone.co.uk/forums/forum.php have to say.0 -
I became a landlord by mistake by doing just what you seem to be wanting to do. The tenant was not the owner but someone who knows how to spin a yarn.
The plan seems to have been that once I had bought the place she and her son would find all sorts of ways of screwing money out of me. I am quite stubborn and reasonably perceptive so it was not long before I realised - but by then I had been conned out of a few thousand and owned an unmanageable house. The next maneouvre would have been to tell me (as she did) that this house was not worth much with them in it and so I might like to buy her out. Luckily I had no money, because I have been advised that had I given her money (a very large sum) she would legally have been in a position to move out for a week and then decide to move back in and at the same time keep the money.
This area of law is tricky with many peculiar little crinkles which an experienced con-person can use to manipulate a fairly heavily biassed legal system in their favour, - and some make a profession of it. A fool and his money are soon parted as they say.
It is an area where the law needs modifying but the 'politics of envy' makes it very difficult to change because the owner of a house with a sitting tenant who suddenly gets rid of their tenant has a sudden rise in the estimated value of the property. Lawyers and lawmakers tend to feel that any easy gains should be directed to their profession and not to some landlord.
Your vendor's story sounds very much like my tenant's original story.
If we all got together we might find a way of detecting these almost-illegal cons. Just in case the person you have talked to is my tenant or her son I will tell you that an anagram of their name is BLARTIES (although I suspect they use several names). If perchance I am right (not very likely) their trying to con you would be easily exposed and I could apply to have them kicked out of my place and you would know what you are dealing with.0 -
Metropolitanlandlord ... I'm not going beat around the bush as you have as the coincidence is too unbelievable the tennants name is Albert s? (surname not revieled for dpa) A man his 60s, is that the same one? There is a son mentioned when I went round but only his stuff in the bedroom and no sight of him. Plenty of cats though! Anyway not sure I'm being scammed but never heard of this scam so I appreciate the heads up!0
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My god you've hit it!
OK. We know he is up to no good. How are we going to get him?
I believe there is a way on this site that you can email me privately or I can email you privately. Try to email me and I will also try to email you.
Hope this all works out well for everyone.0 -
Mike3 I tried to send you a message just now but my 'sent messages' box says 'no messages'. Will try again. But I do suggest that you do not let him know what you have found out at least until we are quite sure.
Your description is brief but accurate, except I do not know how many cats. However we also do not know if we are looking at my house or another address with him in it.
I would enormously appreciate your help as I expect you would equally appreciate mine. We could probably get you where you are trying to go and resolve some of my stuff at the same time if we work out a joint strategy.0 -
Metropolitanlandlord - Don't want to interfere, but I am wondering how by complete co-incidence, you have stumbled on this thread and come to the conclusion that there is a possibly tenuous link to a previous experience with a dodgy tenant/house purchase.
Are you appearing as a newbie because you have changed user name to remain anonymous?
If not, how on earth did you find this thread.
I don't wish to cast any aspertions on you, but it does seem rather odd that you have just joined and suddenly embroiling yourself in Mike3's situation.0 -
I can understand your scepticism, but the answer is quite simple.
I am indeed a newcomer to this site (let alone forum - although I am almost as new under another name for another forum and purpose) and due to the desperation I have about these Albert s's activities I was looking through to see if anybody else was in a similar predicament.
But also -
A judge once said my tenant was a periodic tenant and I have never yet managed to get anybody to explain what that means - least of all lawyers! I hoped to find out by finding someone writing about periodic tenants and your thread was the first one I came to with that in it's title. It was on about 7th page of the list of forums when I found it. I am, however, still not quite sure what 'periodic tenant' means though!
I might edit my profile to allow people to find my email address. That would overcome the private message problem.
Ask more questions if you still feel sceptical. But actually, how could I possibly have guessed at that name? Have you mentioned him elsewhere? If you do an internet serach for that name it turns up almost nothing.
Wheat area is the house you are looking at in?0 -
spcustomer is the other name I use on MSE, and I should have logged out and then back in before answering. I will do it now to prove the point.0
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I am not deliberately trying to create confusion. Just bieng a bit clumsy in my way of doing things.0
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