Expert conveyancing solicitor can negotiate deal to buy property with a tenant

Buying a property that comes with sitting tenants can be complicated. One client told us: "I've had an offer accepted on a property that has tenants. They have been served an eviction notice and have 14 days to appeal that notice.

"If they do appeal, will my sale collapse? Or should I halt the buying process until the 14-day appeal period is over?"

Seller must ensure vacant possession

When you arrange to buy a tenanted property, you will generally have two options: to buy the property subject to tenancy, with the tenant remaining after the purchase is complete; or as this client intends to do, buying with vacant possession on completion.

It is the responsibility of the seller to ensure the tenancy is terminated before the sale can be completed and the tenant has moved out completely.

The complication in this case comes because of the appeal period. The tenant may exercise their right to appeal against the termination of their rental, and while there is a possibility of that happening, your conveyancing solicitor will carefully protect your intended investment by not agreeing to exchange contracts on the sale until they have received confirmation the tenant has actually left the property.

Precise legal advice required

Tenants have the right to remain in the property until the tenancy agreement officially expires, and if they do appeal the tenancy notice, they are under no obligation to move out while the appeal process is underway.

Even if a notice requiring they relinquish possession of the property is served, the tenant could remain in place until a court order to leave has been obtained.

That means you need precise legal advice on how to proceed with the sale. Your conveyancing solicitor will advise you not to agree on a completion date until the property is vacant.

In-Deed works with property lawyers who have the expertise required to negotiate such a property purchase. Call us now on 0800 038 6886 – we're open seven days and can talk you through exactly what's required in conveyancing for a tenanted property.

You can also get an instant no-obligation quote for conveyancing services.

In our regular blogs, we look in depth at some of the most common questions posed by buyers and sellers, remortgagors and those seeking a transfer of equity. If you have a query you'd like answered, you can call on 0800 038 6886 or email us now.