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Selling Property With Sitting Tenants with NO Tenancy Agreement! HELP

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Comments

  • tim123456789
    tim123456789 Posts: 1,787 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Superbiker wrote: »
    Thanks for all your replies. But are they not entitled to 'squaters' rights? The reason they wont sign it is because it cant extend a 12month agreement period and then It gives me a legal way of giving them notice? You can only imagine what they are like to deal with.

    If you have an undocumented tenancy it will be periodic, not for a fixed term.

    you can give them their two months notice at any time.

    provided you can work out what the due date is, of course
  • 45002
    45002 Posts: 802 Forumite
    Part of the Furniture 500 Posts Photogenic Name Dropper
    Superbiker wrote: »
    I own a property, I've had 'friends' renting it for very minimal rent but now things have turned, they are refusing to sign a tenancy agreement which is stopping me getting a new mortgage on it as the mortgage company need to have a copy of this. I'm now looking to sell the property, does anyone or has anyone used these companies that will buy the property with sitting tenants for obviously a lot less than the value but if I'm honest I now just want shot of it. Anyone else been in this situation in any way? I can't sell by normal means as they will not allow access to any estate agent let alone viewings.

    Really grateful for any help.

    Superbiker.

    Just out of interest when did the tenants 1st move into the property ?
    Advice given on Assured and Regulated Tenancy, Further advice should always be sought from a Solicitor....
  • Soot2006
    Soot2006 Posts: 2,184 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    It sounds to me like your Tenants have bamboozled you by making it sounds like they know more about their "rights" than you do ... thus essentially blackmailing you into letting them stay. Don't fall for it. Read up on correct eviction procedures, follow them to the letter. You will get more for the house empty, but if you leave them in situ some developer will be laughing the whole way to the bank after evicting them in the exactly the same manner you are also able to. If you are struggling because of the so-called former friendship then perhaps find a solicitor trained in tenancy law to do it for you, but obviously that will cost.
  • Yorkie1
    Yorkie1 Posts: 12,085 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    OP, you need to answer the questions in this thread before acting on any of the advice here, because they will dictate which of the advice is possible, and which is not.

    1. Which country is the property in?

    2. Did you take a deposit?

    3. If so, did you protect it within 30 days and provide the tenants with the prescribed information?

    By the way, you use the phrase "sitting tenants". This is a specific legal term and is not applicable to the tenants you have, unless they have been in situ for 15+ years and meet other conditions.
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