We advise making sure you have copies of all documents relating to the previous tenancy, and check with your conveyancer if you have any further questions. You can view the specific legislation here regarding gas and electrical safety certificates.
In general when purchasing a property with tenants in situ:
- Make sure you understand the conditions of the tenancy, including tenancy type (e.g. AST).
- Make sure the seller provides evidence that they met all of their legal obligations (including safety certificates, tenancy deposit, repairs, alarms, Right to Rent etc) and provides copies of all relevant documents.
- Make sure you have a clear record of past rental payments including any arrears, and that tenants are up to date on rent and all bills. Consider referencing the tenants (or asking for copies of previous reports).
- Ideally, instruct a conveyancing solicitor with experience of purchasing tenanted properties.
- Check the requirements of the mortgage provider (if applicable).
- Consider entering into a new AST with these tenants so you can satisfy yourself that all the requirements of the tenancy have been met and all the conditions are clear, including re-serving all relevant documents before the start of the new tenancy.
- Make sure that you have arranged for the tenancy deposit to be transferred to you and re-protected in your name. It is the new landlords responsibility to make sure this is done and that new prescribed information is served.
- Ask for the start-of-tenancy inventory and consider conducting a new one.
New buyers should also note that they must notify tenants of the change in ownership under Section 3 of the Landlord and Tenant Act 1985 and Section 48 of the Landlord and Tenant Act 1987.
Information on this site is by way of general guidance only and may not apply in your particular circumstances. You should not act or refrain from acting upon information on this site without seeking independent legal advice.