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Ask James Mather Your Own Question
James Mather
James Mather,
Category: Property Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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1.Offer accepted on vacant flat I want to purchase. Expected

Customer Question

1.Offer accepted on vacant flat I want to purchase. Expected time to completion 10 weeks.
2. Offer accepted on house I live in and buyers want to complete in 4 weeks' time.

Can I rent the flat prior to completion, and how can this be set up?
Submitted: 4 years ago.
Category: Property Law
Expert:  James Mather replied 4 years ago.
Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects. Because we are all in practice with clients and court and other users, I might not always respond in minutes. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

Unless I have all the facts that I need, my answer would not be accurate.

-Could you explain your situation a little more?
Customer: replied 4 years ago.

I've tried to be concise yet give you the facts. Please advise what else you need to know.

Expert:  James Mather replied 4 years ago.

If the house you live completes in 4 weeks and you are then homeless and flat competes in 10, I cant understand the logistics.

In addition:

An assured shorthold tenancy must be at least 6 months

Customer: replied 4 years ago.

If a tenancy (AST) is taken out, I could live in the flat prior to the sale. Could the owners agree that the tenancy would lapse on the date the sale completes? If the sale did not go ahead to for some reason, the AST would give them vacant possession after 6 months.


I suppose we could sign a contract of sale to complete when the AST also ends, but it would be much neater and more satisfactory for everyone to tidy it all up much sooner, if possible. Do you think we can do this?

Expert:  James Mather replied 4 years ago.

I can see no problem with it provided the AST is clear that rent is payable to the owner and that will change when the prop sells.


Why cant they complete for 10 weeks? That seems to conflict with them granting an ast in that 10 weeks