Tenant in situ

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  • jpkeates
    replied
    Get me, "the rules".
    I mean the law.

    I'm turning into the conservative party.

    Leave a comment:


  • jpkeates
    replied
    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.

    Leave a comment:


  • theartfullodger
    replied
    Regardless of paperwork, regardless of a shiny new AST, it will still be regulated.

    Leave a comment:


  • jpucng62
    replied
    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?

    Leave a comment:


  • jpkeates
    replied
    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.


    Leave a comment:


  • Interlaken
    replied
    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.

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  • jpucng62
    replied
    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!

    Leave a comment:


  • Bridge2020
    replied
    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.

    Leave a comment:


  • DPT57
    replied
    This is a useful, but by no means exhaustive list of checks you need to make:
    https://www.vestaproperty.com/blog/1...anted-property

    Leave a comment:


  • Hudson01
    replied
    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.

    Leave a comment:


  • theartfullodger
    replied
    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.

    Leave a comment:


  • jpkeates
    replied
    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.

    Leave a comment:


  • Bridge2020
    started a topic Tenant in situ

    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 ?

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