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Matt Jones
Matt Jones, Solicitor
Category: Property Law
Satisfied Customers: 671
Experience:  I am a qualified and practicing Solicitor with over 7 years post qualification experience
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Tenancy agreement staying in property

Resolved Question:

Tenancy agreement for vendor staying in property
Submitted: 2 years ago.
Category: Property Law
Expert:  Matt Jones replied 2 years ago.
Hi there I will try and help. What would you like to know about this?
Customer: replied 2 years ago.

what tenancy agreement do i need if i am buying a property and the vendor wants to stay on for some months after completion

Expert:  Matt Jones replied 2 years ago.
thanks. Well there really is only one available to you and that is an assured shorthold tenancy, however the minimum length of term for this is 6 months. You can include a term whereby the tenant give you notice to quit earlier if you want however, however not the other way (i.e the landlord cant end earlier)
Expert:  Matt Jones replied 2 years ago.
Also, Are you buying with a mortgage and is it a buy to let mortgage?
Customer: replied 2 years ago.

am not buying with mortgage and am happy to sign AST on completion of purchase if it is effective in the case where i do not have the vacant possession on completion and the vendor/tenant stays in property post completion of my purchase.

Expert:  Matt Jones replied 2 years ago.
then yes an AST would cover this. You could, if necessary, include a clause in the sale contract to agree that on completion the AST is dated and completed on the same day.
Customer: replied 2 years ago.

the problem is can the potential tenant obtain any more rights by being in occupation prior to commencement of AST

Expert:  Matt Jones replied 2 years ago.
No. The agreements are completely separate. Once you purchase under the contract of sale the vendor has to provide you with vacant possession. but the minute after formal completion you sign an AST which is a brand new agreement and allows the tenant occupation only under that agreement.
Expert:  Matt Jones replied 2 years ago.
hope that help. do ask any follow up questions. If you are satisfied at present please leave positive feedback. the question wont close and you can ask follow up question later on.
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