Tenant in situ

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    Tenant in situ

    I’m looking at buying another property to rent out. The one I’m looking at has a tenant in situ. I have seen a copy of the AST and payments to the agents.
    Anyone have any experience of this please ?

    #2
    Yes, I have done this.

    I wouldn't do it now though, unless the seller could provide a document signed by the tenant confirming that all of the things that should have been done at the start and during the tenancy had actually been done.
    And, if I were the tenant, I wouldn't sign such a document.
    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


      #3
      Ask tenant (yes tenant) when they 1st moved in. Don't trust agent, vendor, solicitor on this.

      If early enough it won't be an AST regardless of paperwork, do no s21.

      I did it, but it was student let, therefore I knew they'd not been there a year.
      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


        #4
        I do fully understand that it is not in yet, but....... what is the EPC ? If a D or E what would it take to bring it up to a C ? Planning ahead and all that.

        Comment


          #5
          This is a useful, but by no means exhaustive list of checks you need to make:
          https://www.vestaproperty.com/blog/1...anted-property

          Comment


            #6
            Originally posted by theartfullodger View Post
            Ask tenant (yes tenant) when they 1st moved in. Don't trust agent, vendor, solicitor on this.

            If early enough it won't be an AST regardless of paperwork, do no s21.

            I did it, but it was student let, therefore I knew they'd not been there a year.
            The tenant has been in less than a year.

            Comment


              #7
              If the property appears to be in good condition and the tenant has been in less than a year you should be able to avoid many of the possible problems.

              Ideally you would want the tenant to sign a new tenancy with you so you can be certain all documentation has been served correctly. If they wish to stay this shouldn’t be a problem. Otherwise you need proof that this has been done and the deposit protected correctly.

              Speaking to the tenant would be useful - they may want certainty about their future too!

              Comment


                #8
                Agree with above but if the property is in poor condition and the tenant elderly (or could be child of tenant who may be middle aged) then steer clear. I would definitely speak with the tenant.



                Freedom at the point of zero............

                Comment


                  #9
                  Originally posted by jpucng62 View Post
                  Ideally you would want the tenant to sign a new tenancy with you so you can be certain all documentation has been served correctly. If they wish to stay this shouldn’t be a problem. Otherwise you need proof that this has been done and the deposit protected correctly.
                  It's almost impossible to reset the tenancy with a new agreement.
                  The buyer will inherit the previous tenancy at the same point that they're able to let the property on the new agreement, so any new tenancy is going to be a follow on tenancy.
                  So things that need to be done at the very start of a tenancy will need to have been done at the beginning of the whole lease, you can't start again.


                  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
                    Originally posted by jpkeates View Post
                    It's almost impossible to reset the tenancy with a new agreement.
                    The buyer will inherit the previous tenancy at the same point that they're able to let the property on the new agreement, so any new tenancy is going to be a follow on tenancy.
                    So things that need to be done at the very start of a tenancy will need to have been done at the beginning of the whole lease, you can't start again.

                    What about getting them to surrender existing tenancy and then signing a new one? Would that work?

                    Comment


                      #11
                      Regardless of paperwork, regardless of a shiny new AST, it will still be regulated.

                      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


                        #12
                        Originally posted by jpucng62 View Post
                        What about getting them to surrender existing tenancy and then signing a new one? Would that work?
                        It shouldn't.

                        It depends on what situation you're in and what you're trying to do.
                        But it's a follow on tenancy in reality.

                        And it might make things worse, it's a fairly obvious attempt to swerve the rules.
                        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


                          #13
                          Get me, "the rules".
                          I mean the law.

                          I'm turning into the conservative party.
                          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

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