Buying tenanted property – can you ‘reset’ the tenancy to ensure it is valid?

Buying tenanted property – can you ‘reset’ the tenancy to ensure it is valid?

10:02 AM, 30th January 2023, About A year ago 33

Text Size

Hello, We are considering buying a block of 5 flats, all tenanted. Some have been on-boarded through an agent and others have not.

Our concern is that at least some are not valid tenancies in which prescribed information was not given or deposits protected in the correct way, which could cause us major issues down the track.

If we as new landlords were to create new ASTs and ensure everything was done correctly, or the current vendors were to do this before exchange, could that ‘reset’ the tenancy anew and so any historical missteps would be wiped clean?

If we were to create new ASTs, and the tenants were happy to sign them, if down the track they realised the previous landlords hadn’t protected their deposits properly, but we had, would we still be liable for the previous landlords mistake?

Buying tenanted properties seems awfully risky if so.

Thank you,

Laura


Share This Article


Comments

NewYorkie

10:48 AM, 30th January 2023, About A year ago

Interesting question. I would appreciate the answer from the other side. I want to sell my last tenanted property.

Graham Bowcock

10:49 AM, 30th January 2023, About A year ago

Buying tenanted properties is definitely risky.

You cannot "reset" a tenancy that is already in place. If buying a tenanted property, part of the due diligence has to be making sure that all pre-start compliance has been done properly.

If the former owner has not complied properly, then that issue will carry forward - be careful in particular where deposits have not been protected as there may be a penalty.

David Houghton

11:00 AM, 30th January 2023, About A year ago

Serve the correct info, protect the deposits. Get the gas safety certificates EPCs and electric safety done. If need be confess to the court these things were not done correctly and they won't hold it against you. I have the case law somewhere

Layla .

11:12 AM, 30th January 2023, About A year ago

Reply to the comment left by David Houghton at 30/01/2023 - 11:00
Thats interesting, could you direct me to that case law?

Puzzler

11:16 AM, 30th January 2023, About A year ago

I think it will be a new tenancy anyway as you are now the landlord, your conveyancer should advise you

KH

11:20 AM, 30th January 2023, About A year ago

Reply to the comment left by Layla . at 30/01/2023 - 11:12
I too would be interested in that case law please.

Graham Bowcock

11:24 AM, 30th January 2023, About A year ago

Reply to the comment left by Puzzler at 30/01/2023 - 11:16
You have no rights to create a new tenancy unelss the tenant agrees. The tenant is entitled to occupy under the original tenancy that they signed.

As the new landlord you must serve notice under the Landlord and Tenant Act to advise the tenant that you are now the landlord and to provide a correspondence address. Other than that the arrangement in place continues.

If the tenant will agree to a new tenancy document, then it's good practice to sort it out, but if they don't agree there's nothing you can do.

Reluctant Landlord

11:34 AM, 30th January 2023, About A year ago

sounds like a bloody nightmare. If the current LL has not done everything to the latter of the law for each and every tenancy then you as the incoming LL will take the hit later on and that in itself is a financial unknown (so not something you can negotiate on in regards to the sale price either)

As someone said, you can offer the tenant a new tenancy with you (as the new LL) but they can refuse.

Personally I'd avoid unless you use the tactic of agreeing a price on the premise of full vacant possession? If they have done their LL job properly then it wont be an issue. I know not nice to give existing tenants notice, but you can then (before the notice hits) offer them a new contract with you as the incoming LL so they don't have to move? Might be a solution?

aydin

11:51 AM, 30th January 2023, About A year ago

Reply to the comment left by David Houghton at 30/01/2023 - 11:00
Hi I would like to see the reported case on this point and would welcome it being shared on the form for all of us to benefit from it, thank you

aydin

11:52 AM, 30th January 2023, About A year ago

Reply to the comment left by David Houghton at 30/01/2023 - 11:00
please share the reported case

1 2 3 4

Leave Comments

In order to post comments you will need to Sign In or Sign Up for a FREE Membership

or

Don't have an account? Sign Up

Landlord Tax Planning Book Now