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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am in the process of purchasing a buy to let property. The

Resolved Question:

I am in the process of purchasing a buy to let property. The property has a good tenant who is on a shorthold tenancy and has paid all his rent to date and has a break clause. I would like to keep this tenant. My solicitor says I have to buy with vacant possession. (I think he winked when he said it.) The estate agent says that I need to email him and confirm that I will keep the tenant, (hense there will be no vacant possession. I have asked for a new contract to be drawn up in my name at completion.) How can I protect myself and what do I need to say in this email. I am not in a chain but the seller is.
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Worst case is that the contracts are exchanged, completed and the tenant refuses to pay rent etc.

Alex Watts :

In that case all you need to do is serve notice to quit and issue Court proceedings.

Alex Watts :

Technically the old tenancy comes to an end once you have purchased the property, unless the old AST says it can be assigned and that is unlikely.

Alex Watts :

So in short the tenant would be living there without any form of contract, or protection

Alex Watts :

That means you could apply for possession straight away after a notice to quit

Alex Watts :

But there are no real risks as this is an AST tenant.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

That is very reassuring. If I serve notice for the tenant to quit, will that take a long time, and could he potentially decide to destroy my property in the meantime, and then I would be without rent for the time period and not able to get into my property. I am thinking of asking the seller to compensate me for eventualities. What do you think?

Customer:

How long does it take to serve notice to quit. I think I would have to pay court costs and get a solicitor. I would be without rent for as long as the court takes. What if he doesn't go. What if he ruins the flat while there? I think I would have to see the contract the rental payments. What about asking for a reduction in price of flat to cover any unforseen problems. Can I get a solicitor to handle the tenant in situ without telling my own solicitor. What do you think the costs of the problems be roughly

Alex Watts :

The notice to quit takes 1 month and then a further 4-6 weeks for possession. If he damages the property then it would be criminal damage.

Alex Watts :

As for Solicitor you wont need one, but you will need to pay the Court fee. You can get another Solicitor to deal with the tenant without telling your current one yes.

Alex Watts :

Does that help?

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