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Aston Lawyer
Aston Lawyer, Solicitor
Category: UK Law
Satisfied Customers: 10182
Experience:  LLB (HONS) Over 23 years legal experience specialising in Property law and Wills/Estates
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I am purchasing a house with a residential mortgage. The

Customer Question

I am purchasing a house with a residential mortgage. The seller wishes to stay in the house being sold to me for a number of months. I am happy with this arrangement, and will raise an AST immediately upon completion. The mortgage company appear happy with this arrangement to, on the understanding that its only going to be a couple of months. I have not been asked for a consent to lease by the mortgage company and I do not intend to let the property for more than a maximum of 12 months.
My question: If the current owner stays in the property, without vacating it first do they inherit any tenancy rights outside the AST. I just want to be sure there is no legal requirement for the current owner to a least technically move out the property for say 24hrs upon completion to appease any legal issues they could arise as a result of not moving out. Hope that makes sense ?
Submitted: 12 months ago.
Category: UK Law
Expert:  Aston Lawyer replied 12 months ago.

Hi,

The current owner does not gain any extra rights in the property, after completion of the Sale, other than those rights granted to them under the AST. Your Solicitor will make sure that the Sale Contract will include a clause stipulating that the parties will enter into an AST upon completion of the Sale. Hence, the only rights the Sellers will have on completion will be a s per the AST agreement.

On a side point- I find it slightly strange that your Mortgage Lender has agreed to the above happening, on the basis that you are having a residential mortgage. However, your Solicitor will need to write to the Lender, if he has not done so already, to confirm the position and no doubt he will confirm to you once the Lender has acknowledged his letter and given you the green light.

I hope this assists and answers your question.

Kind Regards

Al

Expert:  Aston Lawyer replied 12 months ago.

Al

Expert:  Aston Lawyer replied 11 months ago.

Hi,

Can I assist you any further?

Kind Regards

Al

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