How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Joshua Your Own Question

Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
35043042
Type Your Property Law Question Here...
Joshua is online now

What does the statement "this condition does not apply to occupiers

Resolved Question:

What does the statement "this condition does not apply to occupiers under leases or tenancies subject to which the property is sold" mean?
Submitted: 2 years ago.
Category: Property Law
Expert:  Joshua replied 2 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

Would it be possible to tell me in what document this clause appears please?

Joshua :

Would you like to continue?

Customer: The clause is in the 5th edition of condition of sale
Customer: As the tenant I am to sign and this is part of the contract
Joshua :

Thanks. Is this one of the special conditions on the reverse of the contract whererby you are being asked to sign an occupiers consent on the same?

Customer: Yes it is exactly that. Yet my details as a tenant are not listed.
Joshua :

Thanks. Finally are you a tenant occupying under an assured shorthold tenancy and paying rent? If so when does your fixed term expire roughly?

Customer: It is the short hold tenancy agreement which is due august for renewal
Joshua :

Thanks. It is inappropariate for you to be asked to sign the contract. The provision is for adult occupiers who are not tenants - e.g. adult children or spouses who are not on the title deeds.

Joshua :

If you were to sign it would not make any legal difference to your tenancy but you should not sign it as it is inappropriate to be asking you to do so.

Joshua :

The sale will be subject to your tenancy if completion takes place whilst you are still in occupation as a tenant

Customer: Why would I be asked to sign this then? I assume therefore that at least until august I should be fine?
Joshua :

It may be that the landlord has an inexperienced conveyancer who doesnt understand the difference. many firm use unqualified paralegals to process routine parts of the transaction to offer cheap fees. It may be that the landlord is thinking he may be able to overcome the tenancy by convincing you to sign - though I would not suggest this is the case.

Joshua :

Whatever the reason the person that has suggested to your landlord that you should sign is wrong to have done so and you are quite entitled to say as much and refuse to sign.

Customer: Thank you. My contract remains in force I assume
Joshua :

Absolutely. Yout tenancy remains unaffected by any sale. Your rights remain the same against theany new owner as if there had been no change. The owner - present or future can seek to recover possession of the property after the expiry of your tenancy but not before. They must give you two clear months notice to do so.

Joshua :

Is there anything above I can clarify for you?

Customer: Thank you that is great the landlord is a friend so I know he means well and assume it's the conveyances being inexperienced. Thank you for your help and a great service. Have a nice evening and weekend. Charlotte
Joshua :

That is more likely to be the case I would agree - or it could be a breakdown in communication whereby your friend did not explain that you were a formal tenant and not just someone staying at the property. In any event the position is as above in terms of your rights.

Joshua :

A pleasure.

Joshua :

If I can assist any further as the situation develops please do not hesitate to revert to me

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

Customer: I will do so!
Joshua :

Many thanks.

Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and other Property Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    445
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1869
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    286
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
 
 
 

Related Property Law Questions