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UK property with existing tenant

Started by StevenBarn, July 26, 2014, 09:06:50 PM

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StevenBarn

Hi. I bought a property with the tenant in place, the tenant had a contract with the previous owner (on an assured shorthold tenancy agreement)  i didn't get a new contract signed with them. What's the best thing to do, i don't want to sell but want to make sure that if i need them to vacant my property I can do it if i need to ...

Thanks
Steven

Hippogriff

A change in owner doesn't change the position of the Tenant. If there is an AST in place then it still stands. If the AST is in its fixed term, then you cannot force the Tenant to vacate. If the AST has gone beyond its initial fixed term, then you can use a Section 21 as is normal. You could sign a new AST with the Tenant if you want - but I think the minimum fixed term must be 6 months. You should have formally informed the Tenants of the new Landlord and how to pay rent etc. which I expect you will have done. Also ensure you are on the correct footing regarding any deposit paid to the previous owner / Landlord.

StevenBarn

Thank you for your prompt and helpful reply. Sorry if you've answered this already but my anxiety has got the better of me! My concern is that only the original landlord (i.e. the one who set up the AST) can issue a section 21. Are you saying that that is not the case and that as the current owner, I am entitled to issue a section 21? The reason I'm unsure is because the originalAST would, of course, have the name of the previous owner on it and not my name. Are you saying that when I bought the property the AST terms automatically transferred to me as the new owner? Thanks, in anticipation of your advice, Steven

boboff

Yes.

He is.

Normally the seller will write to the Tenant with your details, and telling them of the change, or more likely the solicitor who did the conveyancing.

Ask the sellers solicitor to confirm this and get a copy of the signed original contract and details of where the deposit is protected, they you don't need to worry.

Hippogriff

Yes, you can serve a Section 21. Just make your deposit angle is all tied-up... and, of course, ensure you followed the law re. you taking on the property. Check out Section 3 of the LTA 1985 - http://www.legislation.gov.uk/ukpga/1985/70 - "Duty to inform tenant of assignment of landlord's interest" - as well.

StevenBarn

Once again, thank you very much for your excellent and prompt response.  :)