19/03/2025

Buying or Selling a Property in the UK with tenant in situ

Advantages for seller You don't need to evict someone from their home in order to sell a property. It's worth noting that even after S21 “no fault eviction” is abolished in summer of 2025, there will still be a no fault eviction under section 8 with a new mandatory ground 1a “sale of property”, but not before first 12 months of tenancy and then 4 month notice period Landlord will continue to receive rental income up to the date of sale No need to refurbish the property after a tenant has moved out e.g. replace carpets, before marketing the property Disadvantages for seller The tenant may refuse access for viewings, especially if they are worried that a new landlord might evict them, or put the rent up You have restricted who you can sell to ie another landlord, who will be hunting for a bargain and a good price The property may be cluttered with the owners belongings and so not be staged at its best potential Advantages for Buyer Receive rental income from day 1. And. you know exactly what the rental per month will be, to help you stack the deal up before you buy. It is reasonable to assume that the gas safety and electrical safety certificates are already in place, and that you can get a copy of these via your solicitors. Make sure you ask for these! Sometimes can negotiate a discount from the asking price / market value because it's not being offered with vacant possession. Why might you be able to do this ? Disadvantages for buyer Tenant might not be paying market rent Tenant might be in arrears (get your solicitor to obtain the rental statement to confirm this) You will inherit the existing tenancy, even if you do put in place a new tenancy agreement. This will mean that any non-compliance from the previous landlord at the point of tenancy creation will be inherited by you did the previous landlord complete the right to rent checks? did they issue the EPC, how to rent guide, and gas safety certificate before the tenant occupied the property, and even if they did can you provide evidence that they did? Was any deposit taken properly registered in a protected scheme? You will need to serve a valid S3 and S48 notice to the tenant to inform them of their new landlord name and address for them to serve any notices e.g. to terminate the tenancy, and, provide bank details for payment of rent

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