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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10585
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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Can house owner sell / transfer ownership of a house when there

Resolved Question:

Can house owner sell / transfer ownership of a house when there is a sitting tennant and without tennant knowing?
Submitted: 3 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.
I am Al and am happy to assist you with your enquiry.
The legal transfer/sale of the property can complete without the Tenant being notified. However, if the Tenant is paying rent, the new owner needs to notify him so he knows to whom to pay the rent. Indeed, the new owner would be under a duty to tell the Tenant of the change of ownership.
I hope this assists and answers your question.
Kind Regards
AL
Customer: replied 3 years ago.

FAO AL

There is one more point, I should have added. The new owner is looking to sell, that would mean tenant and daughter would be homeless. Can tenant challenge new owner not to sell?

Expert:  Aston Lawyer replied 3 years ago.
Hi,
Thanks for your reply.
Does the Tenant not have an Assured Shorthold tenancy or other type of written Tenancy?
Kind Regards
AL
Customer: replied 3 years ago.

Killer is nothing in writing. Tenant rented from mother in law. Have recently fell out.

Expert:  Aston Lawyer replied 3 years ago.
If there is no written Tenancy, then the Tenant is deemed to have an Assured Shorthold Tenanncy, and therefore any new owner is bound by "that agreement". Just because the owner of the property changes means they can automatically get rid of the Tenant- the new owner takes the property subject to the existing "tenancy agreement". If the new owner evicted the tenant immediately, they would be acting unlawfully.
What type of "Assured Shorthold tenancy" the Tenant has depends on what was agreed when the tenancy began. At the very least the new owner would have to give the Tenant 2 months Notice to quit the property. You should perhaps take specialist advice on what type of "Assured shorthold tenancy" is in place.
I hope this clarifies matters for you.
Kind Regards
AL
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