Apportionment of Rent

MrsThames

I recently purchased a property with tenants already in place. The tenants had been paying rent on the 15th of each month, covering the second half of the month and the first half of the next month, and paying this to the letting agent. I completed the purchase on 30th April 2025, and the tenants made their payment on the 15th of April, which was passed to the previous landlord by the letting agent.

As a result, the previous landlord received rent covering up to 14th May. Unfortunately, my solicitor didn’t carry out an apportionment of the rent at the time of the sale, and I wasn’t aware of this until after completion. It was only later that the letting agent informed me that the previous landlord had received the rent for that period.

Now, my solicitor is saying they didn’t know the previous landlord had received the payment and that no one had informed them. Given their expertise, I’m wondering whether this should have been part of their due diligence process. I’m feeling a bit confused, as I wasn’t made aware of this earlier and this is my first buy to let property.

user1977

What did your purchase contract say about the rent?

FlorayG

I bought a house under these circumstances. The letting agent should have made the arrangements ( assuming they knew about the date of sale, of course). Mine kept the rent paid until the sale was complete then apportioned it to the previous landlord and to me. I don't remember my solicitor being involved

theartfullodger

Have you served S3 & s48 notices on tenant (or signed a new tenancy)?  If not you ain't fully a landlord (S3) and not due ANY rent (s48).

Done any training in how to be a landlord?

Best regards 

MrsThames

user1977 said:

What did your purchase contract say about the rent?

I’ve reviewed the contract, and there’s no mention of rent or any reference to how it should be dealt with in relation to the completion.

MrsThames

theartfullodger said:

Have you served S3 & s48 notices on tenant (or signed a new tenancy)?  If not you ain't fully a landlord (S3) and not due ANY rent (s48).

Done any training in how to be a landlord?

Best regards 

I’ve decided to continue working with the letting agent to help give me more time to learn more about being a landlord, and I’ve also joined the NRLA (National Residential Landlords Association) for further support. I have a copy of the letter from the letting agent, informing the tenants that I am now the new landlord.

In the meantime, I’ve phoned NRLA with various questions, and I’ve put together a pack with the following documents to give to the tenants when I meet them next weekend:

• A completed Section 3 and Section 48 document

• The AST (Assured Shorthold Tenancy) from 2020 (the last one issued), as they are now on a periodic tenancy

• A note that no deposit has been paid

• A printed copy of the "Right to Rent" document, which would have been provided to them in 2020

NRLA confirmed that it's okay to issue duplicates while I’m still in the learning process. Additionally, I’ve purchased landlord insurance to ensure I’m covered.

I have copies of the Gas Certificate (done in Jan 2025), Electric certificate (done on 07/03/2022) and EPC certificates (valid until 2032)

That’s where I’m at for now. Is there anything else that I immediately have to do?

user1977

MrsThames said:

user1977 said:

What did your purchase contract say about the rent?

I’ve reviewed the contract, and there’s no mention of rent or any reference to how it should be dealt with in relation to the completion.

In which case I suggest you ask your solicitor to explain why not (I presume they were aware there was a tenant in situ?).

MrsThames

user1977 said:

MrsThames said:

user1977 said:

What did your purchase contract say about the rent?

I’ve reviewed the contract, and there’s no mention of rent or any reference to how it should be dealt with in relation to the completion.

In which case I suggest you ask your solicitor to explain why not (I presume they were aware there was a tenant in situ?).

Thank you for your reply.

Yes, the solicitors were aware that there were tenants in situ. As part of their inquiries, they confirmed the following, which shows they were aware that tenants are living in the property:

From the replies we've received, the sellers have confirmed the following:

• There are no rent arrears.

• No deposit was held.

• The tenants are aware of the sale of the property.

• There are no issues with the tenants.

The managing agents are [Agent Details Redacted].

I will need to obtain confirmation regarding the agent’s fees and will get back to you once I have that information. I've also requested the most up-to-date tenancy agreement and will follow up with you as soon as I receive it.

I’ve received the boiler test certificate (attached), but I have not yet received the electrical safety certificate.

I will be emailing the sellers to request that the electrical installation is tested and will update you as soon as I receive an answer.

saajan_12

MrsThames said:

I recently purchased a property with tenants already in place. The tenants had been paying rent on the 15th of each month, covering the second half of the month and the first half of the next month, and paying this to the letting agent. I completed the purchase on 30th April 2025, and the tenants made their payment on the 15th of April, which was passed to the previous landlord by the letting agent.

As a result, the previous landlord received rent covering up to 14th May. Unfortunately, my solicitor didn’t carry out an apportionment of the rent at the time of the sale, and I wasn’t aware of this until after completion. It was only later that the letting agent informed me that the previous landlord had received the rent for that period.

Now, my solicitor is saying they didn’t know the previous landlord had received the payment and that no one had informed them. Given their expertise, I’m wondering whether this should have been part of their due diligence process. I’m feeling a bit confused, as I wasn’t made aware of this earlier and this is my first buy to let property.

Well what did they know about the tenancy? Eg did you or they have sight of the AST? That would have shown the rent payment schedule, and similar to service charges, that could have triggered a conversation about what happens with any rent, deposit, damages to date, etc. 

What else did they advise about the tenancy? Arguably the tenancy is a separate contract and not inherently covered in a fixed fee conveyancing. 

anselld

Your Solicitor should have done apportionment. 

Probably too late now and hardly worth chasing for the sake of two weeks rent in the overall scheme.