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mla
24-11-2005, 15:06 PM
This question concerns a commercial property I bought at auction. the tenants lease has expired 8 years ago and the has been holding over since. In the auction catalogue the tenancy is clearly described as "outside the Landlords and Tenants act 1954". I did ask the solicitor to check this. I think he rushed the completion. Now I have been told the tenancy is within the act (as he has written to the other solicitors and they say it is within the act). This is means I will have problems getting the property vacated.
Who is to blame? and can I seek redress?

daveyjp
25-11-2005, 14:55 PM
This question concerns a commercial property I bought at auction. the tenants lease has expired 8 years ago and the has been holding over since. In the auction catalogue the tenancy is clearly described as "outside the Landlords and Tenants act 1954". I did ask the solicitor to check this. I think he rushed the completion. Now I have been told the tenancy is within the act (as he has written to the other solicitors and they say it is within the act). This is means I will have problems getting the property vacated.
Who is to blame? and can I seek redress?

Far too few facts to make a judgement, but the first thing to ask is there anything you did or didn't do which could mean you are actually to blame, even partly?

Relying purely on an auction description is never a good idea and all auction catalogues provide pages and pages of guidance notes and auction conditions, one of which is to check all information before bidding - I trust you did this and have evidence to prove it.

If you didn't the saying 'Act in haste, repent at lesiure' may apply to your situation.