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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I am thinking of buying a buy to let property and the

Customer Question

Hello
I am thinking of buying a buy to let property and the seller is selling as they need to raise cash desperately. They have asked if they can rent the property from me. My mortgage broker has told me that I cannot do this because I must have vacant possession on completion and even if they move out and move back in again I will have a sitting tenant and can never evict them. What would be the situation if I rented the property to them? What are my pitfalls and is there any way around them?
Submitted: 6 months ago.
Category: Property Law
Expert:  Ash replied 6 months ago.
Hello my name is ***** ***** I will help you.Just to be clear, they want to rent it and stay there for the moment?
Customer: replied 6 months ago.
They are happy to move out on completion but then want to move back in with an AST tenancy agreement. I want to make sure that I am covered and do not end up with a sitting tenant or someone who I cannot get removed.
Customer: replied 6 months ago.
They are selling due to financial tax commitment and I do not want them to say later on that they were distressed when they sold the property and therefore want to buy it back at cost or something like that. I don't mind renting it to them but need a solicitor to make sure I am 100% protected.
Expert:  Ash replied 6 months ago.
I think if they move out and then back in with an AST that is not an issue. Its a break of any sitting tenant or rights.So as long as they move out for 1 night there is no issue.It breaks any chain. Although I am not convinced they would have sitting rights anyway as they would change from owner to tenant, so on any view they were never a tenant for a long time.Can I clarify anything for you about this today please?Alex
Customer: replied 6 months ago.
I have been told by a non legal person that because they are selling due to tax debts that they could claim later on that they sold under distress and want the property back or refuse to move out even with a tenancy agreement. This is not the case?
Expert:  Ash replied 6 months ago.
Duress - This means when a contract is made using threat of violence or unlawful constraint. Undue influence - A circumstance where undue influence applies is when there in no relationship present between the parties, therefore, it becomes the responsibility of the party who is claiming that there is undue influence to be able to prove that it exists.Therefore if they are going to claim this, it does not matter whether or not they are tenants or not. But in any event if they have been via a Solicitor they would have been properly advised.As such it would be hard to claim this.Does that clarify?Alex

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