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Property at Auction
Comments
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You'll need a solicitor to get the eviction done through the courts. You can do it yourself, but it doesn't sound like you are clued up on this. Try Tessa Shepperson or Simon Parrott - just google them. It should take a few months to get the tenant out. I agree that she was just put in there as window dressing for the auction.
I'm not as sure about the misrepresentation as other posters here. I would need to read the auction pack before opining. You might have trouble getting the money back once it is paid, so if you are considering disputing it get litigation solicitors involved now to advise you. Unless they are almost 100% sure that you will win, I wouldn't pursue the matter. The amounts involved are too small to justify the likely costs of legal action unless almost assured of success.No reliance should be placed on the above! Absolutely none, do you hear?0 -
http://www.tenanteviction.org.uk/?gclid=CJCim6PE07UCFUbKtAodbzEAQQ sorry its 8 and 210
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Your responses very clear to my questions raised. Thank you.
As i am taking on the rent arrears and its already due for 6 months. Can i evict her straight away or do i have to wait another 2 months before I can do this.
Any ideas on the costs of evicting. Would be helpful as well please.
Much appreciated.
You can start the eviction process straight away if you use the arrears as the reason. But this won't be quick!
There has to be a reason why the current LL hasn't started this process.0 -
Exactly my question, I can understand this is not common in a normal purchase. But by buying this in an auction. Does it make it legitimate ? Can I challenge this with the seller.
No it's not common even for an auction
But I don't see that you can challenge it. There are all sorts of "you have to pay us extra" hidden away in legal packs that survive challenges.
tim0 -
. Have they 'created' a tenancy to bump up the price when really there wasnt a paying tenant and it has helped them to 'sell' the property at a good price and get me to pay for it as well.
Newbee
I've just noticed this part.
So No this is not at all likely.
In theory, buying the property with the tenant in arrears entitles you to sue for the arrears, and if you did go down that path you would find out pretty quickly if the tenancy was bogus - and yes if this did happen you would be able to sue the seller.
In practice most people will evict the tenant and write off the arrears.
Don't forget to make sure that the deposit that tenant paid is handed over to you, or get absolute proof that there wasn't one, if they claim that is the case.0 -
tim123456789 wrote: »I've just noticed this part.
So No this is not at all likely.
In theory, buying the property with the tenant in arrears entitles you to sue for the arrears, and if you did go down that path you would find out pretty quickly if the tenancy was bogus - and yes if this did happen you would be able to sue the seller.
In practice most people will evict the tenant and write off the arrears.
Don't forget to make sure that the deposit that tenant paid is handed over to you, or get absolute proof that there wasn't one, if they claim that is the case.
How do you prove there's no deposit?No reliance should be placed on the above! Absolutely none, do you hear?0 -
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tim123456789 wrote: »It should be documented on the tenancy agreement
I thought of that, but it's possible the tenant could allege that one was paid anyway.No reliance should be placed on the above! Absolutely none, do you hear?0 -
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tim123456789 wrote: »then the tenant would have to supply proof!
tim
Indeed! And the tenant might be able to. So, you get to court, the tenant provides proof of an unsecured deposit, and you're back to square one.No reliance should be placed on the above! Absolutely none, do you hear?0
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