New Landlord - Assured Shorthold Tenancy Issue

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    New Landlord - Assured Shorthold Tenancy Issue

    Hi Everyone

    I just recently bought my first buy-to-let property, with the tenant in situ. After the sale, the tenant was issued, by post, a Section 3 Notice and a new Assured Shorthold Tenancy Agreement, which the tenant acknowledged receiving. The problem is, after almost 3 weeks, the tenant has not been in contact, even after several emails and messages to get the new agreement signed.

    The tenant did pay rent at the start of the month.

    Without a signed AST agreement, I am certain there are risks. What are my options now to rectify this, please?

    As a new landlord, I am hoping to learn from your experience.

    Thanks

    #2
    Do you live near the property ?? I would simply knock on and confirm if everything is ok. When the tenant paid rent did he pay it directly into your bank account via the usual method ? If so then there is no reason to say he will not keep doing the same thing.

    Comment


      #3
      Hi Hudson01, I appreciate the response!

      I don't live too far from the property - around 20mins. Knocking on the property is an idea I hadn't considered before, which is what I might end up doing. It just seems strange that after emails and text and voicemails, the tenant would not respond.

      The rent was paid directly into my bank account. Rent is due again next week, so we'll see what happens. Just trying to avoid any potential issues down the line if an AST isn't in place.

      Comment


        #4
        The tenant is under no obligation to sign a new agreement. Their existing tenancy persists and if youve served notice of your name, address and bank details, you've taken-over as the landlord. I agree that it would be good to check they're OK, but you're not in a position to make too many demands.

        Hopefully this is not a very long-standing tenant with an Assured or Rent Act tenancy.

        Comment


          #5
          You also need to serve an s48 notice or no rent is due to you under the old AST. Was the address in S3 notice in England or Wales? If so it's valid as a s48 already also.

          If you haven't already suggest do landlord/tenant law training, eg NRLA basic foundation course.
          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

          Comment


            #6
            As noted above, the tenant doesn't have to sign a new tenancy agreement - in fact there are lots of advantages to them if they don't.
            The previous tenancy continues with you replacing the landlord.

            If you ever want to serve notice, you will be at some disadvantage as you will find it difficult to prove that necessary tasks were carried out if the tenant wants to make things difficult.
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

            Comment


              #7
              I would engage the services of someone who knows the law to check what risk you have taken on (e.g. missing paperwork) and advise what exactly you should be doing next

              Comment


                #8
                Originally posted by DPT57 View Post
                The tenant is under no obligation to sign a new agreement. Their existing tenancy persists and if youve served notice of your name, address and bank details, you've taken-over as the landlord. I agree that it would be good to check they're OK, but you're not in a position to make too many demands.
                I did not know this - thought it was standard to have an agreement in place but thanks for the clarification. Learning new things as I go along. And yes, the tenant was served notice of my name, address and bank details.

                @theartfullodger The address in the S3 notice is in England.

                jpkeates for sure, there are tons of benefits if the tenant does not sign a new agreement. The previous owner of the property vouches for the tenant, so I am hoping the tenant won’t make things difficult if it ever comes to the point of serving notice. And I wasn’t sure whether the previous tenancy continues after replacing the landlord. Knowing this is a bit reassuring but is the tenancy still legally binding even though it isn’t in my name?

                Comment


                  #9
                  Originally posted by B-E-E View Post
                  Knowing this is a bit reassuring but is the tenancy still legally binding even though it isn’t in my name?
                  Yes, when you purchased the property you "stepped into the shoes" of the landlord, so the tenancy agreement continues as is.
                  When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                  Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                  Comment


                    #10
                    Thanks jpkeates

                    Comment

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