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Jo W
Jo W, Solicitor
Category: Property Law
Satisfied Customers: 89
Experience:  Expert in property law including landlord and tenant
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I'm in the process of purchasing a property that has tenants

Customer Question

Hello, I'm in the process of purchasing a property that has tenants in situ. The tenants are on a monthly rolling contract. Am I able to provide notice to the tenants if I wish to carry out significant works to the property and if so how long a notice period must I provide?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: None at this stage
JA: Where is the property located?
Customer: Gloucester
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No just wanting to understand what my rights are
Submitted: 14 days ago.
Category: Property Law
Expert:  Virtual-mod replied 14 days ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Expert:  Jo W replied 13 days ago.

Hello. My name is***** am a solicitor here to help you with your question. I will respond as soon as practicable which will be some time today.

Expert:  Jo W replied 13 days ago.

Hello.  As part of the purchase you need to ask for a copy of the tenancy agreement.  That should say which notice periods apply (and bear in mind you would not be the landlord until the purchase completes).

If you are not provided with a copy of the tenancy agreement then all is not lost because almost every residential tenancy which is granted in England is called an Assured Shorthold Tenancy.  The terms of it are determined by law.  They don't even have to be in writing.  What there needs to be is a property, which possession is given to the tenants and a rent paid.

If you want to remove the tenants, you would be doing so on a "no fault" Section 21 notice,  ie they haven't done anything wrong you just want your property back.  The notice periods for these notices have been made longer due to COVID, so in most cases you have to give 4 months' notice for them to leave.  There is a lot more detail about this on this website https://www.gov.uk/evicting-tenants/section-21-and-section-8-notices.

I would try to get as much information about the tenancy now, as part of the sale process.  Such as, where is the Tenants' Deposit held?  The Seller should answer these questions.

I hope this has answered your questions, I am happy to clarify anything although will now be offline for a while.