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Question

England | Start of a Tenancy (England) | Types of Tenancies (England)

Sitting Tenants

16 Jun 2022 | 1 comment

I am interested in buying a property that is currently let to a tenant. The tenant has no formal Tenancy Agreement and has lived in the property for over 10 years – I believe he has no arrears but seems to be paying well under the going rate for the area.

What are my rights please? –

  • Do I still have the same rights and security, the same as if there was a formal AST in place?
  • Can I sensibly increase the rent towards the current market rate for the area?
  • Can the tenant be evicted without an AST in place?
  • Am I in my rights to get the tenant to agree to signing an AST?

Answer

1 Comment

  1. guildy

    We answer in order:

    1. Yes, they are still an assured shorthold tenant.
    2. Yes, assuming the landlord hasn’t used section 13 within the last 12 months, that would be available.
    3. Yes (assuming everything is in place, such as deposit protection etc.). Accelerated possession wouldn’t be available, but the standard procedure could be used.
    4. You couldn’t force a new tenancy, but if they agree, that would be good to get all the paperwork in order. You could also increase the rent by the new tenancy.

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