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Hello forum members!

my husband and I are in the process of agreeing a sale on our first BTL property which currently has a very good quality sitting tenant. I am currently reading Rob D’s how to be a landlord book and it’s great at laying out all the steps that should be taken to ensure a good tenant and agreement etc. However, I can’t find anywhere any advice or guidance on how to deal with an inherited tenant? Do you trust that the previous landlord/letting agent did everything correctly or do you insist on seeing all the references etc as part of the sale agreement? What powers do you have if those documents or the deposit haven’t been handled correctly? Can you start a new tenancy agreement? Who is liable in the case of a mishandled deposit or if gas/electricity safety checks haven’t been done prior to our ownership if we are the new landlords? I have a very good feeling about this particular tenant but I don’t want to enter into this agreement naively. Any advice will be most welcome. TIA. 

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It's very common to buy properties with sitting tenants. These days, such properties sell at a premium as there are so many investors out there

You will inherit the AST from the old landlord. You should read over the AST, as that is what governs your tenancy. Your solicitor will check if they are up to date with payments.

You will get the deposit transferred to you. If they don't do that, then you make a complaint to the dps or tds

The gas and electric safety checks are not dependent on the tenant, but are dependent on the property. You should keep these up to date anyway


 

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Vin Gupta
Property Investor and Developer
UK Property Blog: https://evolutionblogger.com/article/uk-property-articles
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Just to add to this - the gas and electric certs will be requested prior to sale by the solicitors but I don't believe it will hold it up if they arent provided. Take it from someone who has learnt the hard way - make sure you insist on seeing them before agreeing to complete and I would also recommend getting them done yourself to be on the safe side, I know it may cost a couple of hundred but it will be worth it for peace of mind and to avoid inheriting any unexpected problems.

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