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View Full Version : Common-law tenancy: can L change mind before it starts?



l@ndlord
26-02-2010, 16:49 PM
I have signed a Common Law Tenancy with new tenants for a flat I own and we have exchanged (at least, they have paid the deposit and first month's rent already).

They have not yet moved in, but since agreeing the CLT, I have received and accepted an offer to buy the property. I would like to end the CLT and continue with the sale process.

How do I end the CLT? Can the soon-to-be tenants block the sale?

Thanks you

Preston
26-02-2010, 22:53 PM
I have signed a Common Law Tenancy with new tenants for a flat I own and we have exchanged (at least, they have paid the deposit and first month's rent already).

They have not yet moved in, but since agreeing the CLT, I have received and accepted an offer to buy the property. I would like to end the CLT and continue with the sale process.

How do I end the CLT? Can the soon-to-be tenants block the sale?

Thanks you

What does your tenancy agreement say about how it can be ended?

At common law the notice period might be as brief as four weeks (for a weekly tenancy) or a month (for a monthly tenancy) but if you have agreed a fixed term tenancy and/or have agreed a longer notice period, then you must comply with the terms of the agreement.

PaulF
28-02-2010, 20:23 PM
Would this be any different if OP has not yet furnished the tenants with a signed copy of the tenancy agreement? I feel that from what has been stated is that OP has not yet exchanged.

l@ndlord
01-03-2010, 08:40 AM
There is a one year break in the CLT, but no other notice period is specified.

The tenants have a signed copy of the tenancy agreement. Can they legally enforce the contract and move in?

jeffrey
01-03-2010, 13:40 PM
There is a one year break in the CLT, but no other notice period is specified.

The tenants have a signed copy of the tenancy agreement. Can they legally enforce the contract and move in?
If the basics of a binding contract exist (offer, acceptance, and consideration), yes.