Deed of surrender or email advising leaving date?

Deed of surrender or email advising leaving date?

Hands signing a tenancy agreement with keys on the document, highlighting uncertainty over tenant move-out dates.
12:01 AM, 5th February 2026, 2 months ago 15

Hi, we are in the process of buying a flat with tenants in situ. Their lease expires at the beginning of August. We have met them, and they said they plan to leave on that date.

Before we complete the purchase, we plan to meet the tenants again and are considering whether it is better for them to sign a deed of surrender for 1 August (even though we are not yet their landlords) or ask them to email us when we are there, confirming that they wish to leave on 1 August.

We are conscious of the Renters’ Rights Act from 1 May and want to make sure the tenants will vacate on 1 August, either by deed of surrender, email confirmation or any other way that Property118 readers recommend.

The reason we are happy to buy around April and keep the tenants until August is that they are currently students and are completing a course.

Also, we would have the flat available for September, which is a time of high demand for rentals.

Is this feasible?

Thanks,

Marie


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Comments

  • Member Since January 2020 - Comments: 559

    9:46 AM, 5th February 2026, About 2 months ago

    Hi Marie

    You do need to tread very carefully. There is no absolute way of guaranteeing that the tenants will leave.

    If you buy the property in April and the tenants are still there, then you are taking to them, warts and all. You must make sure that the current landlord has done all necessary compliance because you wil be stepping into their shoes.

    You should agree a price that reflects the risk you are taking.

  • Member Since August 2023 - Comments: 94

    10:13 AM, 5th February 2026, About 2 months ago

    Hold back 20% of the sale price until tenants are gone and be ready for a possible shock of the empty condition.

    Get the landlord to get a deed of surrender and condition if sale that they manage

    Ask for a copy of all docs sent and received by the tenants as confirmation they have reveived ALL requirements.

    Also check wiring, gas and epc expiry dates, you do not want to find out they expire a month before tenants are due to go and then they do not leave!!!! Cover yourself .

  • Member Since September 2022 - Comments: 192

    12:22 PM, 5th February 2026, About 2 months ago

    Are you buying this flat to live in or rent out to students ?
    How many students currently live in the flat ?
    Is it a HMO with the correct licence and all the other requirements !
    EPC of C or better ?
    EICR ( lasts 5 years for Rentals )
    GSC and lots of previous GSC,s
    Fire Saferty Certificate if HMO
    Mains wired smoke alarms in date !
    PAT testing
    Legionnaires Check and Certificate
    Thumbturn locks and barrels on all exit doors.
    Fire doors
    Cladding on flats
    Fire Safety Certificate for whole building
    You can’t transfer a HMO licence.
    Planning permission for alterations and Building Regulations
    Size of rooms and local council requirements 6.5/8/10m2 bedrooms etc

  • Member Since November 2013 - Comments: 33

    1:07 PM, 5th February 2026, About 2 months ago

    Reply to the comment left by Graham Bowcock at 05/02/2026 – 09:46
    Hi Graham

    Thanks very much for the advice.
    We will arrange for the solicitor to request the current rental details and we can examine them carefully.

  • Member Since November 2013 - Comments: 33

    1:10 PM, 5th February 2026, About 2 months ago

    Reply to the comment left by DAMIEN RAFFERTY at 05/02/2026 – 12:22
    Hi Damien

    Thanks very much for your reply.

    Thankfully it is only a one bedroom flat, with the living room being used as a bedroom.

    We will watch out for selective licensing as it may be coming to the area

  • Member Since November 2013 - Comments: 33

    1:22 PM, 5th February 2026, About 2 months ago

    Reply to the comment left by Southern Boyuk at 05/02/2026 – 10:13
    Hi
    Thanks very much for your advice.
    It makes sense for the existing landlord to arrange the deed of surrender.

    We will arrange for the solicitor to obtain all the items you listed as well so we can be sure all is in order.

    We are arranging to meet the tenants again before the sale goes through and will ask them to email us their wish to end the tenancy on 1 August.

    In that way we will have both the deed of surrender from the existing landlord and an email confirming their leaving date.

    Though of course none of this is a guarantee they will leave.

  • Member Since September 2022 - Comments: 192

    4:03 PM, 5th February 2026, About 2 months ago

    Are you buying this flat to live in or rent out ?
    Have you set up a Limited Company if your starting a property business.
    Is this Scotland cos things are very different up there 🤔

  • Member Since November 2013 - Comments: 33

    5:50 PM, 5th February 2026, About 2 months ago

    Reply to the comment left by DAMIEN RAFFERTY at 05/02/2026 – 16:03
    Hi Damien

    It’s in England and we are going to rent it out.

    It will just be in our name as we don’t intend to buy more.

  • Member Since September 2022 - Comments: 192

    8:00 PM, 5th February 2026, About 2 months ago

    Hi Marie,
    Well We are student landlords to a HMO in Manchester.
    Hence all the HMO advice.
    We also rent out a 2 bed 2 bathroom ground floor flat
    Have you checked the management Service costs ?
    Ground Rent ?
    Mortgage cost ?
    Why one bedroom ?
    Big city with lots of students and young working professionals?
    Gas heating or All electric ?
    High rise IE more than 11meters and any cladding or Fire Safety issues?
    We had alot of extra costs when buying the flat.
    Charge for registering ourselves as new owners
    Another charge for Permission to Let.
    Landlord Insurance
    Video Inventory
    EICR and Gas Safe Certificate before renting
    EPC ( length left hopefully 10 years ) and A, B or C at least

  • Member Since September 2022 - Comments: 192

    8:02 PM, 5th February 2026, About 2 months ago

    Forgot to mention the new RRB which is really going to change the Rental market in England

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