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tdlawyer
tdlawyer, Lawyer
Category: Property Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience of advising on property issues.
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I am going to sell my freehold house. I intend to take a tenancy

Resolved Question:

I am going to sell my freehold house. I intend to take a tenancy on completion, from the purchasers. I propose that there is scheduled to the Contract for Sale a tenancy agreement.As I will not be giving vacant possession, has the purchaser/landlord anything to fear about historic right to possession given up by the registration of Title?
Submitted: 3 years ago.
Category: Property Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

No, I don't see anything wrong with what you're proposing here at all.

tdlawyer :

The purchaser doesn't have anything as far as I can see.

tdlawyer :

Of course it depends what your contract terms are, and the purchaser would need to take advice on those, but I see nothing inherently objectionable to this.

Customer:

Thank you. I am a retired FRICS, and feel the same. However, do you think that there is a legal cut off at the signing of the contract for sale/completion with that tenancy agreement scheduled, so that there can be no claim to possession(so-called squatters rights) except that granted for the duration of the tenancy de novo?

tdlawyer :

If it all happens together, I don't see the issue. At the end of the day, the owner cannot grant a tenancy to himself, it makes no legal sense. So the tenancy can only really be effective once ownership transfers anyway.

Customer:

Brilliant! Thank you for that.

tdlawyer :

You're welcome. Do you want to me answer anything else for you about this?

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