Buying a flat with a tenant in situ

wesley

wesley

wesley

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Hi

I'm looking to buy a flat for my sister. I found a really nice flat, it's in perfect location as it's walking distance to her work.

But I believe the flat is buy to let by the landlord. Said the tenant living there since 2019. I'll be buying the flat as a cash buyer.

Can I kick the tenant out legally for no reason even the letting contract expires?

Thanks
 
I could be completely wrong here, but due to covid you need to give 6 months notice to remove someone (normally would be three).
 
You need to ask a lawyer, but SFAIK a condition of the sale is usually to honour the outstanding term of any existing lease. You can't just evict someone because you feel like it, and IIRC if you try you will quickly find a world of pain in mandatory fines, and them being able to stay unimpaired for even longer than if you'd just done the honourable thing to begin with.

As for giving notice of not renewing a lease once it ends, last time I looked it was 2 full months, from the date of rent payment - not just the end of the lease, so it could be nearer 3 months depening on billing cycles. But then as others have said, covid and temp legislation to protect tenants etc has come in. Best thing to do is be honest with them and let them know your plans up-front to give them as much time to find somewhere. There's always a risk they'll trash it in revenge, but most people are decent and telling them a bit earlier won't change things if that is the case. You can also agree if they find somewhere sooner they can leave earlier without having to pay the remaining rent. This can help people escape if they find a gem quickly that they might otherwise turn down due to dates not aligning.

As for the legalities and your options, definitely best get a solicitor to advise you tbh. The law and common sense do not always converge.
 
fastwunz said:
The current landlord needs to give notice to the tenant
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And then you offer another tenancy on the same day so they can stay there.

If you don’t want them there ask for vacant possession or if it’s less expensive because of the current tenant ie less appeal then you’ll have to serve notice once you take possession hopefully on your terms.

This is all assuming it’s a STA and not some ancient tenant rights.
 
Speak to a solicitor take their advice, you maybe be able to pay the tenant off to leave early

Worst case he might be 1 month into a 12month fixed term.. Normally you would be looking at waiting a few months giving notice, then if he decides to ignore you then it's another 12 /36months (I'm guessing courts will be back logged so not the usual 3 to 6 months) .. The extra time is almost a total guess (my friend is 20 months delayed on a seperation)
 
I'm not sure i'd want to do the final exchange until the existing tenants were gone at the minimum, it's not a problem you want to have.

Although in reality most people are fairly decent and would just appreciate being given time to find something. The house my son rents is being sold and he's been given around 3 months notice i believe (was on a rolling monthly contract).
 
Jokester said:
I could be completely wrong here, but due to covid you need to give 6 months notice to remove someone (normally would be three).
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That was a temporary increase, it's being pared back now:

From 1 June 2021, notice periods must be at least 4 months in most cases, including where the tenant has less than 4 months’ rent arrears. From 1 August 2021, the notice period for cases where there are less than 4 months of unpaid rent, will further reduce to 2 months’ notice.

Presumably the flat purchase won't complete before the end of this month, so my understanding is you can boot them out with two months notice, but IANAL so do your own research.
 
I wouldn't touch it unless it was vacant. You don't know the history and how easy it will be to get the tenant to move on, could be a whole world of pain.
 
Agreeing with others. If you're not planning on taking it on as a rental, then i'd insist on the landlord issuing notice now and having the tenant vacate before you exchange.

You need to consider what your plan B is if you complete the purchase and then the tenant doesn't want to leave. You'll be left with an expensive court battle and further delays. I believe the last thing a lot of the media were reporting on was a huge court backlog (12 months) to reclaim possession on properties where tenants had fallen into arrears. So you could well find yourself buying the flat and then not being able to reclaim ownership for nearly a year in worst case scenario.
 
Thanks for the replies..I think I'll forget about this flat. Far too complicated..best to find a flat with no tenant in situ .

Thanks again
 
wesley said:
Thanks for the replies..I think I'll forget about this flat. Far too complicated..best to find a flat with no tenant in situ .

Thanks again
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The replies in this thread as massively overcomplicated this.

unless I have misunderstood, you are trying to buy the flat for your sister and not a rental. There is a tenant in place but the landlord is selling the property.

A 3 minute conversation with the agent will let you know everything you need. All you need to find out is if the flat can be sold on a vacant possession basis. If it can then tenant isn’t really your problem, it’s the current owners to deal with before they sell it to you.

If it isn’t then it’s time to move on.

It’s very normal for landlords to market properties with tenants in place while they try to sell the property. Particularly in a sellers market. The tenant is normally fully aware it’s time to move on soon but there is little incentive for both the landlord or the tenant to do so until they need to because moving has a cost and the landlord will continue to collect the rent.

Just ask the agent what the deal is, they’ll know and tell you. Job jobbed.
 
Well. On the advert the flat is being sold as buy to let investment opportunity. Sounds like the landlord have some connection to the tenant, maybe family?

Copy/paste from website

Tenancy Details

The property is being sold as a buy to let investment opportunity with a tenant in situ who has been in residence since 02/09/2019 and is currently paying £650.00pcm.
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wesley said:
Well. On the advert the flat is being sold as buy to let investment opportunity. Sounds like the landlord have some connection to the tenant, maybe family?

Copy/paste from website
Click to expand...

They list like that as for some people they want a tenant so one already in situ that has been there a while is better than vacant possession
 
wesley said:
Well. On the advert the flat is being sold as buy to let investment opportunity.
Copy/paste from website
Click to expand...

That tells you everything you need to know. If you really like it, give the agent a call and ask if they are willing/able to sell as vacant but otherwise its time to look elsewhere.
 
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