Question

Changing the Terms (England) | During the Tenancy (England) | England

Taking over a property with existing tenant

24 Jun 2022 | 1 comment

I am purchasing a leasehold with an existing tenant. The tenant has a tenancy but has come to the end of the fixed period.

As the new landlord do I –

  1. Need to issue a new tenancy?
  2. Provide copies of latest epc, certificates etc as though it were a new tenant?
  3. Can I increase rent or evict the tenant if I need to do substantial work to the property?
  4. Provide a section 48 notice?

Answer

1 Comment

  1. guildy
    guildy on 24/06/2022 at 6:47 pm

    Please accept our apologies for the delay in replying.

    We answer in order:

    1. You don’t have to, but it might be nice to get everything organised and in your format. It also depends on the paperwork the previous landlord gave (and if you can prove it was provided).
    2. Based on the above, it depends if you can prove the tenant has “received” the EPC, gas safety, how to rent guide, deposit prescribed information etc. If unsure, it could all be given again with a new tenancy to tidy everything up. It’s important to know if the tenant was given a gas safety “before occupation” (and if that one is available). See this critical case.
    3. Yes (but the reason is irrelevant). Assuming they’re an assured shorthold tenant, you can give two months’ notice. But, if you gave a new tenancy, that would have to end before any notice could expire. Don’t give a new tenancy if you think you might want possession quickly.
    4. You must give a section 3 and 48 notice. See here.

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