Buying a property with sitting tenants who have had notice served already

[Jo769]

Hi,
We're in the process of buying a property that has two self contained cottages attached to the main house. They are currently being rented out. One tenancy has passed the fixed term and is on a periodic basis, the other has three months left of the 6 months fixed term. The seller has said that notice has been served to the tenants (with Covid current rules, June 2022, we understand that to be four months notice).

We want to continue with our purchase, taking over as the landlord with the knowledge that the tenants have been given notice and they will be leaving a couple of months after we have bought the property. I want to check that my understanding is correct, that the notice still applies even though there will be a changeover of landlords? Is there anything else we should be considering or concerned about (we are aware that we need to inform the tenants in writing of our details once we become the landlords)?

[Richlist]

Surely you are employing a solicitor to handle the conveyancing of your purchase ? Presumably you will have explained at the outset what you are purchasing and the details surrounding it and would have ensured that the legal work is being handled by someone competent to handle what would be described as non standard ?

If the answer is yes why then do you need the opinion of persons unknown on an internet forum ?

[Jo769]

Just looking for some advice from someone who may have experienced this, if anyone can help that would be great.

[Grampa]

If the notices are served correctly and the tenants also provided/served the new landlords details on completion  normally via a section 48 notice that should be ok.

But there is a BIG IF here.

There are so many things that could make the notices the landlord served invalid such as:

1. Not complying with the correct covid regulations and notice periods required when the notice's were originally served.
2. Not protecting the deposit correctly in the correct timescales at the beginning of the tenancy
3. Not providing the correct prescribed information in the correct timescales at the beginning of the tenancy.
4. Not providing the deposit certificate in the correct timescales at the beginning of the tenancy.
5. Not providing a gas certificate
6. Not providing a EPC
7. Not acting on any reported maintenance items

You need to see sight of the tenancy agreements, notices served, deposit details and get your solicitor to confirm in writing all notices and relevant documents have been correctly served in the correct timescales to obtain a possession order if the tenants dont leave. If not new doc's and notices would need to be served again and potentially any deposit returned first.

 

[Grampa]

3 hours ago, Richlist said:

Surely you are employing a solicitor to handle the conveyancing of your purchase ? Presumably you will have explained at the outset what you are purchasing and the details surrounding it and would have ensured that the legal work is being handled by someone competent to handle what would be described as non standard ?

If the answer is yes why then do you need the opinion of persons unknown on an internet forum ?

I have lost count of the times I have had to correct tenancy notices etc which many bog standard conveyancing solicitors muddy through and appear to hope for the best and get wrong.

[Richlist]

The documentation for standard property letting is already complex. Once you add in any non standard features it's easier to make mistakes. Using a solicitor who specialises in property means if it goes wrong you usually have some recourse.

Non of that is readily available on an internet forum. We dont, as far as I know, have anyone who is a legal expert.

[Jo769]

Thanks Grampa, useful points for me to consider.