Buying with “sitting tenants”

August 7, 2015

Finding a buy-to-let property with a tenant already occupying is in many respects an ideal situation for a new landlord looking to buy that property, there will be income from day one of ownership and all the hassle of finding a tenant would have been avoided, however before any potential buyer goes rushing ahead with the purchase there are a few issues to consider when buying a property with a tenant already installed.

If for example the property has “sitting tenants” all matter of research should be carried out.

The length of time the tenant has been in the property is very important to know, not just the date of the last tenancy agreement, these days most tenancies are assured shorthold tenancy agreements but it should not be taken for granted that is the case on the property about to be purchased, absolute clarity as to what type of tenancy agreement is in place on the property is required.

If the tenants have been in the property since before 15th January 1985 they will almost certainly be ‘protected’ tenants which means that they will be almost impossible to ever evict, all rents for protected tenancy properties have to be set by a rents officer, in the case where tenants that were first installed between 15th January 1989 and 27 February 1997,  it’s likely that they will be assured shorthold tenants, but you should find out whether a ‘section 20′ notice has been served on them, otherwise they will only be assured tenants. If this is the case you will also find it difficult to evict them if needed.

If a section 20 notice has been served then you need find out when,  if after the tenancy began then  it will not be an assured shorthold tenancy, you will need to be able to prove that the notice was served technically before they moved in, should you ever need to evict them.
The most simple scenario for a potential landlord is that the tenancy started after 27th February 1997 as they will almost definitely be assured shorthold tenants.
The above information is a brief guide as to what type of tenancies you might encounter when buying a property with a sitting tenant, to be completely sure that you are not getting trapped into an agreement that is not in your favour take professional advice through a solicitor or the letting or management agency you intend to use.

 

Alex Evans

You May Also Enjoy

Estate Agent Talk

7 Ways Estate Agents Can Adapt to a Changing Property Market

The UK property landscape is evolving rapidly, and estate agents are under increasing pressure to implement innovative strategies. With shifting buyer expectations, new technologies, and alternative sales models entering the market, adapting your approach is essential. So, if you’re looking to see success with your agency, here are just seven key ways you can remain…
Read More →
Letting Agent Talk

Spring clean drives high maintenance bill for landlord

The latest market insight from property management specialist, Rushbrook & Rathbone, suggests that property maintenance spend is set to surge in April, as the annual ‘spring clean’ by landlords saw the month account for the second highest proportion of total annual maintenance spend in 2025, as well as the largest average spend per work order. Rushbrook…
Read More →
Breaking News

65% of homebuyers blame slow process on conveyancers

The latest research from Lyons Bowe reveals that 65% of recent homebuyers say the conveyancing process was the slowest part of their buying process, with a quarter saying the legal back and forth took more than 16 weeks to complete. Lyons Bowe commissioned a survey of 1,000 UK homeowners who made a purchase in the past…
Read More →
Breaking News

UK Construction Activity Collapses

Glenigan’s April Construction Index uncovers an industry struggling to cushion the blows from ongoing international conflict and a persistently weak economy. Work starting on-site declined by 17% compared to Q4, remaining 18% below 2025 levels. Residential construction starts dropped by 13% during the Index period and fell by 30% against 2025 figures. Non-residential project-starts dipped…
Read More →
Breaking News

Homebuyer demand down in Q1 2026

Buyer demand slips in Q1 2026, with South of England outperformed by North and Midlands The latest Sales Demand Index from eXp UK has revealed that homebuyer demand in England slipped by -1.6% in Q1 2026. The analysis also reveals a clear north-south divide with counties located in the midlands or north of the country recording…
Read More →
Letting Agent Talk

Check your rights now or risk being caught out by new rental laws

Renters have been urged to check their rights now or risk being caught out, as sweeping new laws prepare to transform the rental market from May. The warning comes ahead of the Renters’ Rights Act, with major reforms set to affect millions of tenants, fundamentally changing how tenancies are managed and challenged. Housing law expert…
Read More →