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Ash
Ash, Solicitor
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House bought at Auction 31/3/16. Sitting tenant has new Assurred Shorthold tenancy wit

Resolved Question:

House bought at Auction 31/3/16.
Sitting tenant has new Assurred Shorthold tenancy
with first payment 1st April 2016 signed 15/3/16.
there is no tenancy break clause for the landlord.
Notice period is "1 month after 1 year 11 months have expired"
Term "2 years and then from month to month from the agreement date"
Occupation of property existed at 15/3/16 and before this by tenant signing this new tenancy.
The property was originally advertised in auction catalogue
without this new tenancy, then an addendum was added inc this new tenancy.
You can see redacted cover of tenancy agreement at:
http://s32.postimg.org/gfgh2q3sz/AST_01_04_16.png
Is this tenancy valid as it's effective start date is
1/4/16 when the previous owner knew house was up for
sale at auction on 31/3/16 and ownership changed on
31/3/16?
Submitted: 11 months ago.
Category: Law
Expert:  Ash replied 11 months ago.
Hello my name is ***** ***** I will help you with this.Is this a new tenancy with you?Alex
Customer: replied 11 months ago.
I am the new owner/landlord or property
Expert:  Ash replied 11 months ago.
And its a new agreement with you, rather than an existing agreement?
Customer: replied 11 months ago.
I am new owner owner of property bought at auction I am not the tenant
Customer: replied 11 months ago.
I am not the tenant
Expert:  Ash replied 11 months ago.
Yes I understand that. But I want to be clear its a new agreement signed with you as Landlord?
Customer: replied 11 months ago.
I am not the tenant, the tenancy was written up by the original owner. I am the new owner
Expert:  Ash replied 11 months ago.
Yes I get that. Was it signed between you as new Landlord or the old one?
Customer: replied 11 months ago.
This tenancy was not signed by me as the new owner from 31/3/16. It was signed by the previous owner SweetingProperty Co by it's rep Rob Slade on 15/2/16
Customer: replied 11 months ago.
This tenancy was not signed by me as the new owner from 31/3/16. It was signed by the previous owner SweetingProperty Co by it's rep Rob Slade on 15/2/16.
Expert:  Ash replied 11 months ago.
The tenancy is not valid. It must have been signed by you to be binding as the new owner.So no, it is not valid and not binding. You needed to have consented and signed it.Can I clarify anything for you about this today please?Alex
Customer: replied 11 months ago.
Is is not binding only because I did not sign it or because it took effect on 1/4/16.
Customer: replied 11 months ago.
Is is not binding only because I did not sign it or because it took effect on 1/4/16. .
Expert:  Ash replied 11 months ago.
The first one. You did not sign it and therefore you are not bound by it as new owner.Does that clarify?Alex
Customer: replied 11 months ago.
Thanks your answer seems quite clear. Online information suggests I am liable for any sitting tenant. Auctions seems to suggest new owners have to accept existing tenancies? I signed auction contract that gives tenancy date as 15/3/16 does this mean I consented to tenancy?
Expert:  Ash replied 11 months ago.
No, not unless you consented. Its an Assured Shorthold Tenancy, not an Assured Tenancy, so you are ok.
Expert:  Ash replied 11 months ago.
Is that ok?Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Customer: replied 11 months ago.
OK, thanks for your help.
Expert:  Ash replied 11 months ago.
Happy to help. Good luck. Alex

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