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Ask Michael Holly Your Own Question
Michael Holly
Michael Holly, Solicitor
Category: UK Law
Satisfied Customers: 6840
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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I have paid a deposit on a property prior to auction. In the

Customer Question

I have paid a deposit on a property prior to auction. In the description it states that it is let by way of AST. In the legal pack it contains a tenancy agreement for 2012/2013 whereby the rent was 92 per week. I have today been advised by the auction house that there is somebody living on the premises who stopped paying rent a long time ago. I presume this would make this person a squatter and therefore the legal pack and the estate agents misrepresented the information. Is this the case and what are my rights
Submitted: 1 year ago.
Category: UK Law
Expert:  Michael Holly replied 1 year ago.

If you paid a deposit to buy the property then it is up to them to get the non paying tenant out.

A seller has to give vacant possession both in terms of no people inside or stuff.

An average sale takes months so they obviously think obtaining vacant possession is not a problem and it is their problem not yours.

If they fail to deliver vacant possession , you sue their nuts off

I hope this helps if there are any further points please reply I will be happy to respond.

Best wishes

Michael