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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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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: 3 years ago.
Category: Property Law
Expert:  Joshua replied 3 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.

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