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Purchased a rented property

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asked on Jul 3, 2016 at 17:57
by   Wills
edited on Jul 3, 2016 at 18:00
by   Wills
All,

I am about complete a deal on a purchase landed property.  At the same time, during sign of S&P, my lawyer who is also acting for the seller asked if "you want the current tenants to be remain rented / stay or move out" - my ans was YES for the tenants to remain stay until notice is given.

Found out from the seller, the landlord being to kind do no have any tenancy agreement for all the 3 tenants and they have been renting for almost about 4 years now with receipt is given from the landlord. 

Question - once confirmed on change of name, can I get the tenants move out with 3 + 1 notice?  Can they refuse to do so by saying "no tenancy agreement", why so should I move out?

or should I have a 1 year tenancy agreement to stay away from trouble?

I have told the lawyer that I want the seller to introduce me to the tenants so that they are aware who is their new landlord is - he agreed.  The lawyer just raise a question but did not elaborate further the consequences of having the tenants without any tenancy agreement -I am afraid now it will be a bigger problem to evacuate them - or even to do it politely by giving notice.
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answered on Jul 5, 2016 at 21:50
by   shtanyc
Hi Wills, by confirming that you intend to purchase with the tenancy, i.e for the tenants to remaining staying in the property, you are confirming the purchase subject to tenancy and the vendor is not obliged to deliver vacant possession or to terminate the tenancy and require the tenant to move out.

Although there is no tenancy agreement, it may still be possible to prove tenancy on a month to month basis by way of conduct, eg assignment of deposits from previous owner to you, payment by tenant and issuance of receipt of rental payment. Since it is a month to month tenancy and if you wish to remove the tenants now, it is appropriate to give at least one month notice to the tenant. If the tenant refuse to move out because there is no tenancy agreement, likewise why shouldn't the landlord be entitled to terminate the tenancy at any time because there is no tenancy agreement?
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