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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 17606
Experience:  I have been practising for 30 years.
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I have a friend who moved into my house with intention to

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Good morning.
JA: Hi. How can I help?
Customer: I have a friend who moved into my house with intention to buy the property back in March. She moved in and is now stalling the purchase. She has paid rent only for past 3 months. There is no tenancy agreement in place. Can I present her with one now?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: Am I correct in thinking I have to give her a tenancy agreement before eviction process?
JA: Have you talked to a lawyer about this?
Customer: It was a while ago but I'm drawing up an agreement today.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I was selling the property to buy another to be my home for the children and now cannot pursue this. The people I am purchasing from are still awaiting completion. This was supposed to be my deposit.

Welcome to Just Answer.

I will be happy to assist with your question today. I need some time to consider this and compose a response. There is NO need to wait online because you will get an email when I respond. Sometimes it will be minutes, sometimes longer.

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for background -

when did she move in?

how was she supposed to finance this?

and now you wish to give her a tenancy then give notice?

F E Smith and other Law Specialists are ready to help you
Customer: replied 18 days ago.
No problem at all.
She moved in April. Asked if she could as she was going to buy the house and contact solicitor in may for the sale.
The deal was with her father who wanted to purchase the house for her. This was supposed to be a cash buy.
Her father is now delaying the process, my solicitor and I agree he is not being transparent and may not have any intention of purchasing.
It is highly likely I will lose the house that is all ready for me to go ahead but as no deposit now, may not be possible.
Her father has made it clear he wants to purchase but it will be when he is ready. He also states if I try to evict then to go ahead as he will fight me all the way.
I just want either a sale or for her to move out so can see.

As you appreciate, she is not obliged to buy the property and she can stall or change her mind at any time until contracts have been exchanged.

You can give her a tenancy agreement but she is not obliged to sign it and if she doesn’t pay rent, you are going to have to give her notice to quit and ultimately take her to court if she doesn’t leave.

At the moment under the Corona Virus Act notice has to be at least 6 months.

She is liable to pay rent meanwhile at the market rate regardless of the fact there is no tenancy agreement in place.

I assume that you do not live in the property because if you do, then getting her out is much easier.

You don’t want them to allege that you have no tenancy agreement and that they wanted one and you wouldn’t give them one.

So you do a tenancy agreement with the term starting back in April when they moved in but obviously the agreement would only be dated today. Academic because they want sign it anyway.

You have to give 6 months notice under the Corona Virus Act and therefore I would suggest the initial term was for nine months from April which will have expired three months before the Notice to quit expires.

As soon as the term of the tenancy agreement expires, the tenancy then becomes a Statutory Periodic Tenancy month on month.

It’s better if the correspondence comes from a solicitor because they are going to take more notice of it although it’s properly not going to make any difference to the overall effect.

The solicitor can emphasise that if they don’t move out, as soon as the notice expires, you will make an emergency application to court for an order for possession. It won’t be an emergency application because it isn’t classed as urgent but he can threaten that.

In anticipation of them not moving out when the notice expires, I would suggest that you get the proceedings prepared before the expiry date ready to send them off to the court the day the notice expires. Otherwise there’s going to be a week or so while those documents are prepared. They may not be needed but better have them not need them and need them and not have them.

The letter can go on to say that if they still don’t move out when you have an order for possession you will make a further application for a warrant for possession for bailiffs to come and physically evict them pursuant to the court order.

AND tell them that you will ask for all of those court costs to be awarded against them.

You can take the tenant to court for the rent any time but I wouldn’t do that because, as I said earlier, any county court judgement would be registered against your address, so we can until they move and then do it at the new address.

If you don’t know where they are, you can always use a tracing agent such as this http://www.ccsformations.co.uk/Tracing-25-c.html who will do no find no fee for solicitors for GBP50 plus VAT although if you are a private individual they want payment upfront.

They also do international searches for GBP150 plus VAT but that is not no win no fee.

We have used the firm on numerous occasions and found the service excellent.

Customer: replied 18 days ago.
That's awsome!
Thank you.

No problem at all. I am glad to help. Please come back to me at any time if anything needs clarification. Kind regards.