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Aug, 2014

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  1. #1
    Join Date
    Jan 2010
    Location
    Central south coast
    Posts
    2,620

    Question What is a 'tenancy at will'?

    A property I am interested in has come up for sale at auction. It comprises a freehold shop and 2 letting units above. One of the ongoing tenancies is described as a 'tenancy at will'. The legal pack is £100 so I don't want to splash out if it is a big problem.

    Can anyone give me a defintion of this and how it may have ocurred? Does this mean the tenant has security of tenure against eviction under S21?

  2. #2
    Join Date
    Sep 2006
    Location
    Sheffield
    Posts
    39,409

    Default

    The phrase is a vague expression. Ask your solicitor to investigate closely exactly what rights T might have.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

  3. #3
    Join Date
    Jun 2008
    Location
    Andalucía
    Posts
    9,439

    Default

    I agree. If the words "tenancy at will" appear in auction particulars a thorough investigation is needed. In fact, you should always assume that if a property is offered for sale by auction there is something dodgy about it. There may not be, but you should assume it. Never buy a property at auction without consulting a conveyancer. Ever. At all. In any way shape or form. Even if it is a bargain. Especially if it is a bargain.

  4. #4
    Join Date
    Jan 2010
    Location
    Central south coast
    Posts
    2,620

    Default

    Thanks Jeffrey and Lawcruncher. Seems I will have to send for the law pack. I have bought properties at auction before with established tenants and all has been well. The guide price on this is low at 50-60K. I suppose I could just call in as it is almost next door to one I own already?

  5. #5
    Join Date
    Sep 2006
    Location
    Sheffield
    Posts
    39,409

    Default

    Yes- IF but only if you know what you are doing and are fully clued-up on conveyancing and L&T!
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

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