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AST In Property Title

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Comments

  • Bookworm105
    Bookworm105 Posts: 2,015 Forumite
    1,000 Posts First Anniversary Name Dropper
    edited 31 May 2024 at 2:13PM
    yes, if you are wilfully buying as the incoming landlord then your (inherited) tenants continue under their existing AST.
    Without seeing the full document, the extract you have listed reads like a "special contract" the existing LL has drawn up to cover themselves from any ongoing liability but making it blindly clear the new LL has taken overall responsibility. How that improves over the fact of the sale of the property is a moot point.

    I assume you are fully aware of the regulations around change of landlord given you plan to evict ?
    Is a new tenancy required when a landlord changes hands? - The Lettings Hub
  • BarelySentientAI
    BarelySentientAI Posts: 2,448 Forumite
    1,000 Posts Name Dropper
    bubby08 said:
    No not at all, I was just seeking clarity that this draft in the title doesn’t give the tenants any kind of permanency to reside irrespective of if the property owenership changes. i am weary because I have never come across a scenario where a current LL doesn't service notice to his tenants and certainly not where a new owner (eg. Me) inherits the tennants and this fact is included in the register. 

    So in conclusion this wording doesn’t ensure that the tenants have a permanent right to reside and i can give notice upon taking ownership and this statement can easily be removed from the register??

    thank you
    You can give notice according to the AST - which could take you many months and a court case after purchasing.

    Until that point, you will have all the responsibilities of a landlord.  If you're not squeaky clean with performing those responsibilities, any notice you give will be invalid.

    If you purchase this property, you will be a landlord, quite plausibly for months.  Is that what you want?
  • AskAsk
    AskAsk Posts: 3,048 Forumite
    1,000 Posts Fourth Anniversary Name Dropper Photogenic
    These are investment properties, sold with tenants in situ. If you are buying it to live in, it won't be suitable for you.
  • Yorkie1
    Yorkie1 Posts: 12,336 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    OP are you intending to live in this house?
    Will you need a mortgage to buy it?

    If yes to both, then you will not be able to buy it with tenants in situ and then give notice. 

    This is because you will need a residential mortgage. As others have said, for this you must have vacant possession when you complete the purchase - so the tenants must have gone and the tenancy must have formally been brought to an end. If you did proceed on this basis, then don't do any legal stuff until this has happened. I would also ask my solicitor for specific advice about whether the extract imposes any ongoing liability on you for any breaches of landlord law etc. by the previous owner / LL. The wording is a little odd about indemnifying the seller for things.

    If you intend to buy as an investment (and keep the tenants in place), then it's either a cash purchase or a BTL mortgage.
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