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SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 3527
Experience:  LLB (Hons)
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I have a litigation case against me for a flat I sold with a

Customer Question

I have a litigation case against me for a flat I sold with a tenant occupying it. The new owner bought the flat thinking it would be empty. He then couldn’t get him out fir 6 months and the tenant paid hardly any rent.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I have all the emails backwards and forwards
JA: Where is the flat located?
Customer: Clapham London sw4 0ja
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I had ticked the box that said the flat was empty.
Submitted: 25 days ago.
Category: Family Law
Expert:  SASH_Law replied 25 days ago.

Hi, I'm Lea

I am sorry to hear of your dilemma. How can I assist you with this?

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Expert:  SASH_Law replied 25 days ago.

I note that you have posted in another thread - can you respond here please.

Customer: replied 25 days ago.
I sold a flat with a tenant living in there. I had ticked the wrong box when filling out the sellers pack snd said it would be vacant.
The new owner had bought the flat upstairs with the tenant living in there too, I assumed he wanted to do the same.
The estate agents led me to believe this would be fine.
When we completed and he got the keys, he realised the tenant was still in there.
The tenant then decided during lockdown that he couldn’t afford to pay the full rent, and they agreed a lower amount and for him to be out by a certain time. The tenant then stopped paying any rent for the last 2 months he was there.
I had no tenancy agreement with the tenant when I owned the flat as he had been there for a long time. The new owner didn’t give him a tenancy agreement either and couldn’t evict him because of the covid situation.
The new owner is now coming after me fir loss of rent and legal fees which are now at £20k
Expert:  SASH_Law replied 25 days ago.

Yes, I read that on the other thread - I am still not clear what your legal question about it is?

Customer: replied 25 days ago.
I would like to know if I have case to defend myself, ie the new owned bought the flat above with a tenant so I assumed the same with mine, the fact that he agreed rent with the tenant means he’s agreed to him being there... or if I don’t have a case whatsoever because I ticked the box that said it was empty on completion?
Customer: replied 25 days ago.
I’m also on universal credit, my income has gone down dramatically because of covid and I’ve just finished going through a divorce and have no spousal support
Customer: replied 25 days ago.
Could I make the new owner an offer as a one lump sum or pay it off in instalments
Expert:  SASH_Law replied 25 days ago.

Your difficulty in defending this is that you knew there was a tenant in the property and you falsely ticked the box to state that the flat was empty. The person purchasing the property was then led to believe that they were getting a vacant property when instead they ended up not only with a tenant they did not want, but a tenant who did not pay the rent either.

Of course, if you choose to defend it, then if you lose you will also likely be ordered to pay the claimant's costs. At present you could possibly negotiate the amount they want. I strongly suggest you take all the paperwork to a local solicitor so that they can review everything appropriately and help you to either compile a defence or start negotiations with the other side. I don't suggest you just agree without letting a solicitor review all the paperwork first.

Customer: replied 25 days ago.
Thank you so much, I really appreciate your advice. I totally agree I don’t think I have that much of a case, but I think a negotiation plan might be a better outcome for me
Customer: replied 25 days ago.
Thanks so much. Take care
Expert:  SASH_Law replied 25 days ago.

I trust that has answered your query in an accessible way. If you have any new questions, do feel free to mark them for my attention by putting FORCustomerin your subject heading.

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