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Legal advise needed - subletting
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WONDERWOMAN
Posts: 4 Newbie
I need some legal advice, I own my flat but i had to sublet it for a short term. I hadn't told my leaseholders of this sublet and now that I'm selling the flat my solicitor is asking if theres a tenant living there.
I'm not sure whether to inform the solicitor that there is indeed a tenant living there and risk my leaseholders finding out from the solicitors (who sees the forms that solicitors require you to fill in?) or to give notice to my tenant which is 2 month notice, pull out of my sell and wait till the flat is empty to put it back on market??
Any suggestions/advice much appreciated.
I'm not sure whether to inform the solicitor that there is indeed a tenant living there and risk my leaseholders finding out from the solicitors (who sees the forms that solicitors require you to fill in?) or to give notice to my tenant which is 2 month notice, pull out of my sell and wait till the flat is empty to put it back on market??
Any suggestions/advice much appreciated.
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Comments
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The reason they ask is for your protection. They will ask for information from your freeholders (you are the leaseholder) not provide information to them.
You need to have the tenants out by exchange of contracts unless your buyers are taking it on as a BTL. You must sell with vacant possession. If you exchange contracts with a tenant in place then if they don't move out for the agreed completion date, you are in breach of contract and liable, in the very least, for costs.
I would not be pulling out of any sale at this point in time if you aim is to sell soon!Everything that is supposed to be in heaven is already here on earth.
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You have to be honest with your solicitor, how else can you expect them to represent you properly?I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.0
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