Bought a property at auction without details of existing tenant?

Easiest way go to the property and talk to the tenant directly. It’s very likely he would be happy to sign a new tenancy with you, particular if you offer to sort any problems with the property

Reply to the comment left by David Houghton at 14/11/2024 – 10:00
I think David is absolutely right. In the first instance I would go and talk to the tenant and see what the situation is. Quite often things can be resolved simply with consultation. You may find there is an actual huge problem but quite likely and hopefully not.

Firstly, the tenancy doesn’t end in 21st December. It continues as either a statutory or contractual periodic tenancy when the fixed term ends.
You need to inform the tenant that you are the new landlord.
Next, check what paperwork is in place. EICR, gas safety, deposit protection, AST, EPC Rating, Right to Rent etc.,
Arrange to meet the tenant and to inspect the property.
I assume the SDLT was paid. It’s now 5% on properties over £40k so, that’s over £2k. At £40k, it would have been exempt from SDLT.

Did you not use a solicitor to handle the conveyancing for you ?

Reply to the comment left by Dylan Morris at 14/11/2024 – 10:39
Yes but he was recommended by the auctionhouse which now concerns me.

Reply to the comment left by Ross Tulloch at 14/11/2024 – 10:03
I failed to mention that two Letting Agencies are involved. I have emailed both explaining that I am the new LL but they fail to reply, even after promising to do so by phone.

I am unclear why two Letting Agencies are involved and can’t get clarification.

Unfortunately, you were very foolish in not doing your correct due diligence.

However, I have had results from two auctions, one where an auctioneer, incorrectly sold us a property below reserve, then tried to cancel the sale. We objected and won, then the seller removed furnishings that should have been included. We challenged his solicitor who eventually paid us compensation. In another case, we discovered a year or so after completion of a Freehold that other, undeclared land had been included. This land had a large oak tree on it that was causing a nuisance to a neighbour. After failed negotiations I reported the matter to the SRA. Within three weeks the selling Solicitor contacted me and agreed to repurchase the offending part of the land and pay our costs. The part that we thought was the only part included in the original sale was sold at a profit.

It might be worth you reporting the original selling solicitor to the SRA if you feel you have grounds for complaining. Hopefully you will get a fairly quick decision.

Oh dear. Sounds like you have become an accidental landlord. This can be a costly mistake as you are now the landlord so all obligations will apply.

Your first pressing issue is to make sure the tenants deposit is still protected, it needs redoing on change of landlord.

I wouldn’t go into this light hearted I would seek professional legal advice to make sure you aren’t breaking any laws as the fines can get expensive.

If the tenant isn’t paying rent, s8 notice for rental arrears maybe the fastest way to gain possession. An alternative is to offer the tenant money to leave.

If I was the tenant and I knew my rights I would tell you to get lost. You presumably don’t have any proof that required documents were served by the previous landlord.

I think you may have made an expensive mistake.

In your situation now I would:
– Visit the property and try to speak with the tenant. Obtain their contact info
– Ascertain what safety certificates there are. If you don’t have gas or electric safety certs – arrange them
– Ensure there are working smoke alarms
– Serve them with; EPC, How to Rent Guide and the prescribed deposit information (assuming that there is a deposit and it’s registered).
– Something most forget – serve a S47 & 48 notice. Simply stating that you’re the new landlord, your address and your bank details.