BTL property sold with tenant

cidfenmaria

I understand when AST fixed term ends it would become a rolling contract but the EA says the tenant needs to leave unless we issue a new AST. This is not what my knowledge is that's why I am asking.Is there a kind of AST or any other terms that would achieve this?

I also found some properties for rent ads on rightmove specifically saying they are only available for 6 months rent, perhaps the owner could generate some income when the house is empty, could this be agreed by the tenant in writing?

PRAISETHESUN

In a nutshell, no.

There's nothing you can put on writing that forces a tenant to move out at the end of the fixed term. Housing law always allows the tenant to move onto a periodic tenancy - either under the contractual terms specified in the tenancy agreement, or under statutory terms. Only the tenant themselves, or a court order issued by a a judge following issuing of S21 notice, and successful court proceedings can compel the tenant to actually leave the property.

Anything you've read or been told by a letting agent is untrue more or less. Your best approach if you wish to actually live in a property you are purchasing is to insist to the current owner that you will not exchange contracts without vacant possession.

theartfullodger

cidfenmaria said:

I understand when AST fixed term ends it would become a rolling contract but the EA says the tenant needs to leave unless we issue a new AST. This is not what my knowledge is that's why I am asking.Is there a kind of AST or any other terms that would achieve this?

I ....

No.  AST roll on. Thatcher (no, not fan) says so in her 1988 Housing Act.

EA is err.. incorrect.. I'd treat everything else they tell me with great suspicion if they got something as basic as this wrong...

_Penny_Dreadful

cidfenmaria said:

I understand when AST fixed term ends it would become a rolling contract but the EA says the tenant needs to leave unless we issue a new AST. This is not what my knowledge is that's why I am asking.Is there a kind of AST or any other terms that would achieve this?

I also found some properties for rent ads on rightmove specifically saying they are only available for 6 months rent, perhaps the owner could generate some income when the house is empty, could this be agreed by the tenant in writing?

No there is not. The EA is talking absolute nonsense. 

It doesn’t matter what a landlord puts in an advert. An AST can only be ended by the tenant or a court. There’s no magic way around this. 

MobileSaver

ReadySteadyPop said:

dinosaur66 said:

 way more tennants looking then there are propertys for rent .

I find that unlikely to be honest, job openings have dropped a lot recently I believe, many young people for example will just stay at home now.

Your problem has always been that you believe what you want to believe regardless of verifiable evidence to the contrary.

Last year average rents in the UK increased by 6%, this year rents have increased by 9%, if that doesn't indicate a shortage of rental properties then I really don't know what does.

Mr.Generous

MobileSaver said:

ReadySteadyPop said:

dinosaur66 said:

 way more tennants looking then there are propertys for rent .

I find that unlikely to be honest, job openings have dropped a lot recently I believe, many young people for example will just stay at home now.

Your problem has always been that you believe what you want to believe regardless of verifiable evidence to the contrary.

Last year average rents in the UK increased by 6%, this year rents have increased by 9%, if that doesn't indicate a shortage of rental properties then I really don't know what does.

At least when the property market crashes all these wise young people who stay at home will be ready to pounce on the bargains. We used to have a regular poster who knew this was about to happen, I just can't recall all Crashy's various user names that agreed with himself.

dinosaur66

ReadySteadyPop said:

dinosaur66 said:

advantages you should be getting the property 10% plus  under market price as tennant in situ are very hard to sell -thats it.

disadvantage in most of the cases i have enquired the tennant is paying 20% plus under the local average rent 

IMO there is no advantage to having the tennant in situ when you buy a property in todays market / cannot asses the property clearly /tennant will most probably have been there a long time and everything is neglected / poorly maintained

 way more tennants looking then there are propertys for rent .

only place i would consider it is a scotland flat where this is common and you can pick up £20k to £30k a tennant in situ paying about £350 month because of the small outlay.

i still would not do it but the figures add up.

I find that unlikely to be honest, job openings have dropped a lot recently I believe, many young people for example will just stay at home now.

i am a landlord from essex to scotland

look at how many propertys are for sale in your town and then look how many are for rent and how long the rentals have been on the market to see the ratio

 for example in my town 40k population

300 propertys for sale where as its normally 90 average

i looked last week there were a total of 6 for rent all come up in last 12 days which is the norm none older than 12 days

cheapest was a 1 bedroom bungalow £1200 month been on few days will be gone if i look now

there would have been 30 plus applicants for this and no more viewings being taken.

dearest was a 5 bed detached new build that developers have decided to rent instead of sell because of the slower market at £3500 a month been on a week will take more time but will go within a month.

 i take your point about young people staying at home with mum and dad / yes that true / but i use open weekends when i have a vacancy and from memory have not had anyone under 30 even turn up albeit i do not buy flats which is where i would guess most under 30 aim for

BlueVeranda

theartfullodger said:

cidfenmaria said:

I understand when AST fixed term ends it would become a rolling contract but the EA says the tenant needs to leave unless we issue a new AST. This is not what my knowledge is that's why I am asking.Is there a kind of AST or any other terms that would achieve this?

I ....

No.  AST roll on. Thatcher (no, not fan) says so in her 1988 Housing Act.

EA is err.. incorrect.. I'd treat everything else they tell me with great suspicion if they got something as basic as this wrong...

Back when I rented, it wasn't uncommon for a letting agent to recommend issuing an AST every year, instead of lapsing to a rolling contract. Of course, they pocketed a fee for arranging this. I don't know if they were ill informed or just hoping that we were. Always best to verify the facts for oneself.

FlorayG

BlueVeranda said:

theartfullodger said:

cidfenmaria said:

I understand when AST fixed term ends it would become a rolling contract but the EA says the tenant needs to leave unless we issue a new AST. This is not what my knowledge is that's why I am asking.Is there a kind of AST or any other terms that would achieve this?

I ....

.

Back when I rented, it wasn't uncommon for a letting agent to recommend issuing an AST every year, instead of lapsing to a rolling contract. Of course, they pocketed a fee for arranging this. I don't know if they were ill informed or just hoping that we were. Always best to verify the facts for oneself.

There are loads of threads on here from tenants asking if they have to sign a new one from the agent, so it must be a common thing. After my new tenants had been in 12 months I had to explain why they don't need a new AST so they obviously had been fooled into this at their previous rental

Mr.Generous

FlorayG said:

BlueVeranda said:

theartfullodger said:

cidfenmaria said:

I understand when AST fixed term ends it would become a rolling contract but the EA says the tenant needs to leave unless we issue a new AST. This is not what my knowledge is that's why I am asking.Is there a kind of AST or any other terms that would achieve this?

I ....

.

Back when I rented, it wasn't uncommon for a letting agent to recommend issuing an AST every year, instead of lapsing to a rolling contract. Of course, they pocketed a fee for arranging this. I don't know if they were ill informed or just hoping that we were. Always best to verify the facts for oneself.

There are loads of threads on here from tenants asking if they have to sign a new one from the agent, so it must be a common thing. After my new tenants had been in 12 months I had to explain why they don't need a new AST so they obviously had been fooled into this at their previous rental

Yes the agents push it purely as a way of generating income. The last place I let after 11 and a bit months I had the agent on asking about a new AST and pretending to sound confused when I said no need, tenant is staying on. They didn't actually lie and say we couldn't do this, but they certainly implied it. Nice try, but no dice. An agent gets paid once by me for finding suitable tenants, and they don't do that well.