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Tenants won't leave property we're buying..

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  • elsien said:
    but the tenancy and the obligations around that remain with the landlord named on the tenancy agreement. 
    I thought this, thanks. Let's just see what happens then. I can do no more.
  • Tatters, the only person in this situation that has rights is the tenant.

     
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    Tatters26 said:
    Just been told the council currently subsidise the rent of the tenant and it's not an entirely private agreement. The council were informed back in March this was to end in September, and the tenant landlord wants their property back. I'm clutching at straws but I'm hoping this may speed it up, but I doubt it.
    Situation normal.

    Back in March, s21 notice was six months - the normal period is two, but that got extended during lockdown. It's now four months.

    The fact the tenant receives (presumably) Universal Credit makes zero difference - it's still a tenancy between the tenant and landlord.
  • AdrianC said:
    Situation normal. Back in March, s21 notice was six months - the normal period is two, but that got extended during lockdown. It's now four months.
    Yes that's what they were served, I'm looking at it right now. March to September 2021, 6 months was given.

  • AdrianC said:
    Tatters26 said:
    Just been told the council currently subsidise the rent of the tenant and it's not an entirely private agreement. The council were informed back in March this was to end in September, and the tenant landlord wants their property back. I'm clutching at straws but I'm hoping this may speed it up, but I doubt it.
     it's still a tenancy between the tenant and landlord.
    Only on the cover, in reality it's a tenancy between the tenant and tenant
  • MaryNB
    MaryNB Posts: 2,319 Forumite
    1,000 Posts Third Anniversary Name Dropper
    Tatters26 said:

    So, I'm sure this makes little difference but throwing it out there.

    Just been told the council currently subsidise the rent of the tenant and it's not an entirely private agreement. The council were informed back in March this was to end in September, and the tenant wants their property back. I'm clutching at straws but I'm hoping this may speed it up, but I doubt it. 

    I duck and prepare for a barrage of abuse!

    Most of it's not abuse, just trying to make sure you understand that the tenancy does not end in September! It remains 100% intact unless the tenant gives notice. It is as valid on the 24th of September as it is on the 22nd of September. Only the tenant or the court can end it, not the landlord. The only relevance the 23rd has is that the landlord can now apply to the court which will take months if not more than a year. The S21 changes nothing about the tenancy. 
  • I think most of it has been childish know-it-all abuse. 

    I fully udnerstand now, it been firmly drummed into me how stupid and naive anyone is in my situation.
  • elsien
    elsien Posts: 36,040 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 14 September 2021 at 11:23AM
    Tatters26 said:
    I think most of it has been childish know-it-all abuse. 

    I fully udnerstand now, it been firmly drummed into me how stupid and naive anyone is in my situation.
    First time buying can be a steep learning curve. There's a few of us probably thinking we were lucky our first time purchases went so smoothly - in my case definitely luck rather than judgement. In retrospect there were a fair few things I should have checked out, but I didn't. You live and learn. 
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • Tatters26 said:
    I think most of it has been childish know-it-all abuse. 

    I fully udnerstand now, it been firmly drummed into me how stupid and naive anyone is in my situation.
    You haven't been stupid or naïve Tatters, you could say you took a gamble, might still work out who knows.

    I was in a similar boat, only the tenant left eventually, me and the seller kept in touch though so we where on the same page. So it does work.
  • theartfullodger
    theartfullodger Posts: 15,703 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 14 September 2021 at 11:41AM
    Thatcher's 1988 Act gave the absolute right to tenants in these circumstances to remain until court, court possession order, bailiffs/hceo.  And they have the right to appeal to have judgement chucked out any time until bailiffs walk up garden path 

    I'm sure we all wish to respect legal processes.
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