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Selling a rented house
Comments
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getmeouttahere wrote: »I'm not sure id agree, but regardless, the new tenancy had a pretty flexible get out clause for either party (i.e. Either of us could give two months notice at any point), so only issue would be the guarantor, but I don't see how a newer tenancy can exist if it's not been signed as anyone could print one off and say it is legit.
You can't use that for the first 6 months of the tenancy.
A contract does not have to be written, he asked for a new fixed term and you said yes. Contract formed.0 -
getmeouttahere wrote: »I think the rent is as much as I can realistically expect unfortunately. The guarantor agreement was obtained from the national landlords association so hopefully should be ok.
Was it executed as a deed? Was the guarantor's signature witnessed? Did the guarantor see a copy of the tenancy agreement prior to signing?
Of course this is all moot as long as the tenant keeps paying the rent.
On one hand you don't want the tenant to drag his heels moving out and on the other you don't want the tenant moving out too soon. Where is the sweet spot for the tenant moving out?
Talk with the tenant. Let them know you want to sell then take it from there.0 -
You can't use that for the first 6 months of the tenancy.
A contract does not have to be written, he asked for a new fixed term and you said yes. Contract formed.
Seems to me it could be interpreted that their discussion related to a contractual periodic tenancy. If there was provision in the old AST for that, maybe a judge would infer that's what happened.
Was certainly a mistake to not get whatever it was in writing. Would the guarantor now also be in doubt as well?"Real knowledge is to know the extent of one's ignorance" - Confucius0
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