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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Im a new landlord buying a freehold property. Which at present

Resolved Question:

I'm a new landlord buying a freehold property. Which at present is leased to a business. The contract with the previous landlord is expired but a new contract has been drawn up with the previous landlord. Is this contract legally binding? Also I'm told I have no rights over the property because the tenant as a security of tenure. Is this correct and does that mean I cannot use the property myself.
Glen . . . .
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Do you know what type of contract the tenant has? Are they still in the fixed term please ?
Expert:  Ash replied 3 years ago.
I see you rated BAD SERVICE but I asked question above.
I need the information before I give a reply. I need to know:
Do you know what type of contract the tenant has? Are they still in the fixed term please ?
Customer: replied 3 years ago.

Hi ya Alex, sorry for the misunderstanding. The lease was from Sept 2008 to 2013. So they are not in the fixed term. Does this mean the security of tenure does not apply.

Regards

Glen

Expert:  Ash replied 3 years ago.
Was the old newer contract signed, or just drawn up?
Customer: replied 3 years ago.

It was just drawn up

Expert:  Ash replied 3 years ago.
Ok the unsigned contract is not binding. If it was not signed they are a tenant at will.
The tenant has no signed fixed contract, he is a tenant at will and therefore has no protection.
If the contract has been signed you would have been stuck, but as it stands you can terminate the tenancy as there is an unsigned contract.
Can I clarify anything for you about this today please?
Alex
Ash and other Property Law Specialists are ready to help you
Customer: replied 3 years ago.

So does that mean the security of tenure is not binding.

Glen

Expert:  Ash replied 3 years ago.
Yes that is correct.
No signed contract.
Alex
Customer: replied 3 years ago.

What if the contract is signed. How can I cancel this agreement if I own the property.

What is involved in doing this and how do I go about doing it.

Many thanks,

Glen

Expert:  Ash replied 3 years ago.
You can't cancel the agreement if it has been signed, you can only terminate in accordance with any termination clause.
So if it has not been signed that is best,
Does that help?
Alex
Expert:  Ash replied 3 years ago.
If this answers your question could I invite you rate my answer before you leave today.
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