Hi
I’m looking to buy a flat that has an existing tenant with an AST . The ad on rightmove states it has a Tenant with an AST ending 30/04/2025 with a mutual 2 month break clause . I want to live in the flat so will need to evict the tenant . Would I as the new tenant inherit the AST agreement including the 2 month break clause ? If the completion date was past
the 30/04/2025 would the break clause still be enforceable or would there be new rules as it might then be a rolling contract ?
I should add the viewing the property is not possible due to the tenant being awkward - this doesn’t bother me as i like the location , floor size and price and prepared for some renovation .
Any help or advice would be appreciated
Michael
After the 30/4/25 the agreement will roll into a periodic notice, and you would need to serve them two months notice, using S21, unless they have breached their tenancy terms.
The tenant may continue to be ‘awkward’ after you own the property. If you give them notice to leave, they do not need to leave until you have paid to take them to court & employed bailiffs to evict them. This will take you months, and cost you lots.
If you want to buy this property, get specialist eviction advice before, so you know what would be involved. You MUST be sure that the existing Landlord has correctly served all documents (& have proof) such as Right to rent guide, gas safety, plus have proof of deposit lodged correctly. You will be liable for their mistakes. Don’t go into this blind to your liabilities & obligations.
Are you sure you want to buy this?
do not buy this with an existing tenant . It is a minefield and you do not want to step on a mine