No shorthold tenancy agreement

borich

I have aquired a property which is currently being let out by long term tenants but the previous owner (my Mum) has failed to get into place a shorthold tenancyagreement this could hold up the re-mortgage.

Where is the best place I can get a Shorthold tenancyagreement drawn up ASAP which will be protect me, the tenents and meet the requirements of Virgin money who are the BTL lender.

Many thanks

Richard

Voyager2002

borich wrote: »

I have aquired a property which is currently being let out by long term tenants but the previous owner (my Mum) has failed to get into place a shorthold tenancyagreement this could hold up the re-mortgage.

Where is the best place I can get a Shorthold tenancyagreement drawn up ASAP which will be protect me, the tenents and meet the requirements of Virgin money who are the BTL lender.

Many thanks

Richard

It will not be that simple...

If the tenancy began fairly recently then by default it will probably be a shorthold, but in other circumstances the tenants may have far greater rights than a shorthold would give them. Under those circumstances few if any mortgage lenders would want to get involved, and the tenants are likely to laugh at any invitation to sign away their rights by transferring to a shorthold.

G_M

What you mean is that there is no written agreement.

There is a tenancy however. The tenants pay rent and receive a roof, so a tenancy exists.

Whether it is a shorthold tenancy or not is impossible to say. Check here:

http://england.shelter.org.uk/get_advice/downloads_and_tools/tenancy_checker

You can always ask the tenants to sign a written agreement, but they may not wish to if it includes terms they are unhappy with. And since they have a perfectly valid tenancy already, your only option then would be to evict.

Whether and how you could evict depends on what type of tenancy it is.

borich

I did warn my Mum about this

Pixie5740

What do you mean by long term tenants? How long have they been living there?

borich

A few years

RAS

Did the tenancy start before before 15 January 1989?

You really do need to go to the Shelter site and work out the status of the tenancy.

borich

No they moved in October 2012.

jjlandlord

So just 2 years ago... Hardly 'long term tenants', which is the term that raised red flags.

borich

Sorry for the confusion.

They are going to sign the following

https://sites.google.com/site/tenancyagreement11/

RAS

Assuming England or Wales

Is there an up to date Gas Certificate?

Have you properly protected the deposit and was the prescribed information sent within 30 days?

Have you formally notified the tenant of the change of ownership in the required manner?