Section 21 issued, help required

[tony3x]

I am just trying to get some information to help someone.

 

Couple in their 60's sold their property on one of these sale and rent back schemes. They were told at the time that they could stay in the property for life. What they did not realise at the time was they signed an AST. They have now been issued with a section 21.

 

Now the fun starts.

The current owners have since confirmed in a text that they did say the tenants could stay for life, but then said that circumstances have now changed and they need to sell the property. - does this trump the Sect 21

The tenants have repeatedly requested a copy of the AST but the owners will not supply one. However tenants now found a copy that is not signed by the owners and the tenants signatures have not been witnessed. - is the AST valid

When the tenants sold the property they did not get any legal advice so I assume that the purchasers may have used their own solicitor for everything - possible conflict of interest.

The current owners have a mortgage on the property but I am aware that many BTL lenders do not allow a mortgage where the vendors stay in the property - possible mortgage fraud.

 

Would a SAR to the owners/landlords force them to produce the AST they hold, they are not aware the tenants have found theirs.

 

As usual all advice appreciated.

[45002]

I am just trying to get some information to help someone.

 

Couple in their 60's sold their property on one of these sale and rent back schemes. They were told at the time that they could stay in the property for life. What they did not realise at the time was they signed an AST. They have now been issued with a section 21.

 

Now the fun starts.

The current owners have since confirmed in a text that they did say the tenants could stay for life, but then said that circumstances have now changed and they need to sell the property. - does this trump the Sect 21

The tenants have repeatedly requested a copy of the AST but the owners will not supply one. However tenants now found a copy that is not signed by the owners and the tenants signatures have not been witnessed. - is the AST valid

When the tenants sold the property they did not get any legal advice so I assume that the purchasers may have used their own solicitor for everything - possible conflict of interest.

The current owners have a mortgage on the property but I am aware that many BTL lenders do not allow a mortgage where the vendors stay in the property - possible mortgage fraud.

 

Would a SAR to the owners/landlords force them to produce the AST they hold, they are not aware the tenants have found theirs.

 

As usual all advice appreciated.

 

 

 

You can have verbal tenancy agreement, you don't need to sign a AST

 

Suggest the couple take All paper work/text messages and go to there local CAB or Shelter office ASAP....

 

https://ico.org.uk/for-the-public/personal-information/

[tony3x]

If no AST is signed how does anyone know the details of the tenancy?

[mariner51]

That is for T to allege and LL to prove.

OP, In 2 wks+1day you can contact your newly elected MP.

[raydetinu]

how long was the AST for?

that should of raised alarm bells when asked to agree to it rather than a proper contract!

I would also suggest that the text agreeing that they did inform the tenants they could stay may well trump the AST if taken to court as tenants did not actually sign the AST.

So we have a verbal conflict, perhaps worth seeking legal advice and taking it to court.