New owner, same tenant, do I need to do anything?

by Readers Question

10:31 AM, 13th June 2015
About 3 years ago

New owner, same tenant, do I need to do anything?

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New owner, same tenant, do I need to do anything?

I have just transferred the leasehold title of my daughters flat to me as she is not now returning to the UK.  New owner, same tenant, do I need to do anything

It is presently tenanted, the fixed term expired last year and the tenants are now on a periodic tenancy.

Do I need to issue them with any legal notice of landlord change or create a new tenancy or redeposit the deposit?

Thanks

David Skelbrook



Comments

Mark Alexander

10:39 AM, 13th June 2015
About 3 years ago

Hi David

Is your tenant aware of the change of ownership? If not, I suggest having a chat.

One way to get your house in order (pun intentional) is to start a new tenancy and new deposit protection. I think the new tenancy term could be as short as 1 month if that suits you and the tenant better than a new 6 or 12 month AST, on the basis that the existing fixed term is completed. Please check this. I've invited Romain Garcin to comment on this point as I rate him very highly in terms of his tenancy law knowledge.

The bit of your post that is confusing me is when you say you have transferred ownership. How did this work in practice please? Was the transfer at market value? Either way, presumably your daughter took advice on CGT if there was a gain (albeit possibly a notional one) and you took advice too?
.

David skelbrook

22:55 PM, 14th June 2015
About 3 years ago

Reply to the comment left by "Mark Alexander" at "13/06/2015 - 10:39":

Thank you for your advice the transfer of title was done through a solicitor and all ok.

Romain Garcin

8:03 AM, 15th June 2015
About 3 years ago

Hi David,

When a tenancy is assigned to a new landlord the tenant must, by law, be informed. That's called a notice under section 3 of the Landlord and Tenant Act 1985 and it must include the new landlord's name and address. You have 2 months to send it.

If you wish that the tenant uses a new address to contact you, e.g. for serving notices on you, you should also provide an address to that effect and mention that this is for the purpose of s.48 of the Landlord and Tenant Act 1987.

As for created a new tenancy: You can, of course, but it would require the tenant's agreement.
There is no requirement that it must be a fixed term tenancy so you could create a periodic tenancy if you and the tenant wished.

David skelbrook

14:07 PM, 15th June 2015
About 3 years ago

Thank you so much for this it was very helpful.


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