Advice on tenancies

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I am negotiating the purchase of a building divided into five flats. Two will come with vacant possession -so new assured short hold tenancies will be entered into when they are re-let. One is allegedly subject to an assured short hold tenancy. One is subject to an assured tenancy. The final one is subject to what I am advised is a "protected tenancy".

I am happy for all of the existing tenants to remain in place, for the time being at least. I intend to upgrade he two vacant flats prior to reletting.

The current owner advises that the flat subject to an assured short hold tenancy has been occupied by the current tenant since 1 May 2000, although the tenant advises that she has been there for only 13 years. There is no written tenancy agreement. Given that the tenancy post-dates 28 February 1997, is there a presumed assured shorthand tenancy agreement? If so, can the tenant be asked to now sign a tenancy agreement? I have no intention to evict the tenant, but would any tenancy agreement effectively start form 1 May 2000, or from the date it was signed?

I am advised that there are no tenancy agreements for the other two flats.

I am advised that the "protected" tenancy commenced I'm February 1988, and that the assured tenancy commenced in 1996, although I believe to a different person than the current tenant, who I believe has lived there for about 10 years.

I assume that the "protected" tenancy is, in effect, a lifetime tenancy, and that it would be very difficult to evict the tenant. I have no issues with that.

On the assumption that the occupier of the "assured" tenancy occupied post-28 February 1997, and particularly in the absence of any tenancy agreement, does he actually benefit from the additional protection of a protected tenancy, or does he effectively have an assured short hold tenancy?
14/09/2015 14:14

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