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If you need professional legal advice concerning purchasing a property with a tenant in situ, please contact Myerson Solicitors' Residential Property lawyers on:
For many landlords, purchasing a property with tenants in situ is attractive. This is because, once the transaction has been completed, they will take over the existing tenancy.
According to the House Buyer’s Bureau, there were 12,518 properties with tenants in situ listed for sale in September 2023. Evidently, it is becoming an increasingly popular investment choice for landlords.
However, before diving in to sign on the dotted line, it is important that you conduct your own due diligence checks and you feel confident that the property is fit for your intended purpose.
There are many reasons why properties with tenants in situ are attractive to prospective landlords:
As with any purchase, the legal principle of ‘Caveat Emptor’ (buyer beware) will apply to your property with tenants in situ. This means that you must do your own due diligence work (see below) as, once the transaction has been completed, the seller will be removed from any liability if you encounter any future problems.
Prospective landlords also need to consider how they will finance their purchase. Whilst properties with tenants in situ are attractive to cash buyers since they are typically sold at a lower price, they are categorised as ‘high risk’ in the eyes of many lenders. This is because you cannot select the tenant yourself.
Prospective landlords also need to consider whether the property in question truly satisfies their investment criteria or if they are purely attracted to the lower purchase price. Potential factors to consider include:
Ultimately, you want to ensure that your property is fit for your intended purpose.
In short, thoroughly.
Do not be fooled by sparkling interiors and seemingly ‘happy’ tenants. Instruct a surveyor to inspect the property and meet with the tenants in situ. Have they built a strong relationship with the existing landlord? Do they have any grievances about the property?
Do not rely on the existing landlord’s due diligence work and conduct your own investigations. Ensure that all of your paperwork is in order before the exchange of contracts.
You should be alive to your obligations outlined in HM Government’s ‘How to rent: the checklist for renting in England’ [see sources below] and ensure that the existing tenants have the following:
Your obligations do not stop here. You have an ongoing duty to maintain the structure of the property, deal with any issues stemming from the utilities and carry out any reasonable repairs when requested.
Remember, it is all in your best interests to do so if you would like to build, or even sustain, strong relationships with your tenants in situ.
If you need professional legal advice concerning purchasing a property with a tenant in situ, please contact Myerson Solicitors' Residential Property lawyers on: