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About to buy a house with lodger with no written agreement \o/

Started by flatchap, July 13, 2018, 01:04:55 PM

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flatchap

Hi

I am about to exchange on a property in England which has a sitting house sitter/"lodger" (let's call him) who has been there for 4.5 years. Home owner been abroad for much of that time. Said lodger is/was a friend of current home owner and has no written tenancy (or any other) agreement and apparently owes home owner quite a lot of rent. However, lodger is aware of the imminent sale of the house (I have met him) and has agreed to sign sale contract which states he agrees to be gone on or before the completion date.

I do not want him as a lodger when I move in. I have no reason to believe he won't be gone by then......but.......what if he isn't?  :o With no written tenancy agreement in place is it simply a case of me changing the locks (which I will do anyway) and not letting him back in? Or is it more complicated than that?

Thanks!

KTC

If the landlord have been away for most of that time, he may well be a tenant, as in assured shorthold, requiring court order & bailiffs to evict tenant. You have to ask yourself why the landlord haven't evicted if the guy owes "quite a lot of rent".

As to his agreement on the sale contract, that's a contract between you and the seller, what part does the occupier play? What consideration are you giving him for him to move out? Without consideration, you don't have a valid contract between the two of you. Even if you have a valid contract for him to move out, that's a seperate matter to any tenancy rights he may have. If he breached the contract, you'll still have to seperately claim for possession and evict through bailiffs.

Just don't complete without vacant possession first.

flatchap

Thanks KTC.

Quote from: KTC on July 13, 2018, 02:45:29 PM
You have to ask yourself why the landlord haven't evicted if the guy owes "quite a lot of rent".

The home owner views him more as a house sitter, looking after the property whilst he was away. Rental income was a secondary concern.

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As to his agreement on the sale contract, that's a contract between you and the seller, what part does the occupier play?

See law society property information form section 11, which I have attached, hopefully.

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Just don't complete without vacant possession first.

So, in practical terms you're saying don't transfer the money until he's out of the house? Couldn't he just let himself back in before I get a chance to be there?  ???

KTC

Quote from: flatchap on July 13, 2018, 03:26:47 PM
See law society property information form section 11 ....

Sorry, yes, it's a property transaction so the contract would be executed as a deed, so yes the occupier would be bound by it.

If he doesn't move as required, you'll be able to sue him for any loss arising from breach of the agreement. Whether that's worth anything would depend on what you know about him.

Quote from: flatchap on July 13, 2018, 03:26:47 PM
So, in practical terms you're saying don't transfer the money until he's out of the house? Couldn't he just let himself back in before I get a chance to be there?  ???

You've went from "I have no reason to believe he won't be gone by then" to "Couldn't he just let himself back in" in one post...  :-\ You have a lawyer, let them sort it out.

heavykarma

It is very common for exchanges to be delayed pending demands being met by the vendor.Your vendor is being very unreasonable in trying to dump this problem onto you.The solicitor needs to make it plain there will be no exchange until the man is out,and the locks changed.A friend has had to had loads of trivial stuff sorted before her buyer will complete.Don't let this become your problem,you want vacant possession.