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The monthly magazine providing news analysis and professional research for the discerning private investor/landlord

Landlord Legal Issues July 2017

Landlord & tenant lawyer, Tessa Shepperson of www.landlordlaw.co.uk answers your questions

Q. I am buying a property but when I went to visit it recently there was someone living there. I am buying the property with vacant possession – what happens if these people are still there on completion?

A. You need to make sure that this does not happen! Otherwise as the property owner you will have the responsibility of evicting them – almost certainly through the courts if they refuse to go.  

You should make it clear that you will not exchange contracts until the property is vacant and has been made secure against re-entry.  Make your conveyancing solicitor aware of the problem so he can make the appropriate enquiries.

If you are still bothered then a visual inspection of the property before exchange of contracts and maybe even also before completion (when the money is paid over) could be a good idea.

Q. My tenants have just left my property at the end of the fixed term without giving me any notice. This is in clear breach of the term in their tenancy agreement requiring them to give me two months’ notice before leaving. Can I claim rent in lieu of notice?

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