# How to Buy & Sell Property with a Sitting Tenant

**URL:** <https://community.openrent.co.uk/t/how-to-buy-sell-property-with-a-sitting-tenant/18815>\
**Category:** News & Updates\
**Created:** [4 January 2021 16:42 UTC](https://community.openrent.co.uk/t/how-to-buy-sell-property-with-a-sitting-tenant/18815 "2021-01-04T16:42:11Z")\
**Posts on this page:** 14\
**Page:** 1

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**Author:** ![Sam](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/sam/32/6179_2.png) [@Sam](https://community.openrent.co.uk/u/Sam)\
**Post date:** [4 January 2021 16:42 UTC](https://community.openrent.co.uk/t/how-to-buy-sell-property-with-a-sitting-tenant/18815/1 "2021-01-04T16:42:11Z")

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Originally published at: [How to Buy & Sell Property with a Sitting Tenant | OpenRent Landlord Hub](https://blog.openrent.co.uk/how-to-buy-sell-property-with-a-sitting-tenant/)  
   
Landlords often evict their tenants before putting the house on the market. They assume this is the fastest route to a successful sale because it is what potential buyers want.&nbsp; But landlords should seriously consider the alternative: selling the property with the tenant in situ. A good sitting tenant can be a significant asset for…

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**Author:** ![Sam](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/sam/32/6179_2.png) [@Sam](https://community.openrent.co.uk/u/Sam)\
**Post date:** [4 January 2021 18:12 UTC](https://community.openrent.co.uk/t/how-to-buy-sell-property-with-a-sitting-tenant/18815/2 "2021-01-04T18:12:37Z")

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**Author:** ![Vanda](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/vanda/32/450_2.png) [@Vanda](https://community.openrent.co.uk/u/Vanda)\
**Post date:** [1 February 2021 11:12 UTC](https://community.openrent.co.uk/t/how-to-buy-sell-property-with-a-sitting-tenant/18815/3 "2021-02-01T11:12:39Z")

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I’m in the process of purchasing a property with a tenant in situ. The current agreement is for a fully furnished let but I want to change it to unfurnished. The seller is coming to an agreement about the furnishings directly with the tenant. The current tenancy is periodic.  
I would like to offer the tenant a new 1 year AST. What is the best way of going about this please?

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**Author:** ![Sam](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/sam/32/6179_2.png) [@Sam](https://community.openrent.co.uk/u/Sam)\
**Post date:** [1 February 2021 11:12 UTC](https://community.openrent.co.uk/t/how-to-buy-sell-property-with-a-sitting-tenant/18815/4 "2021-02-01T11:12:40Z")

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**Author:** ![David122](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/david122/32/1449_2.png) [@David122](https://community.openrent.co.uk/u/David122)\
**Post date:** [1 February 2021 14:24 UTC](https://community.openrent.co.uk/t/how-to-buy-sell-property-with-a-sitting-tenant/18815/5 "2021-02-01T14:24:37Z")

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You should be aware that there is no compulsion on the part of the tenant to sign a new AST and they could insist that you continue to honour the terms of the agreement you will inherit.

If they do agree, just prepare all new paperwork (AST and all other prescribed documents) and all parties sign them. The new tenancy, (as long as its with the same named people as the existing tenancy) will just replace the old one.

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**Author:** ![Haim](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/haim/32/8112_2.png) [@Haim](https://community.openrent.co.uk/u/Haim)\
**Post date:** [27 July 2021 10:59 UTC](https://community.openrent.co.uk/t/how-to-buy-sell-property-with-a-sitting-tenant/18815/6 "2021-07-27T10:59:38Z")

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I am in the process of selling my flat which is currently empty  
Because the process may take a few months, I am thinking of bringing in new tenants, as the monthly costs are not trivial.  
The buyer is OK with this, assuming we agree on the tenants, rent, etc…  
But how do I approach this with perspective tenants? Should this be part of their contract? Will everything transfer to the buyer as was described in the post?  
Any advice would help  
Many thanks  
Soli

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**Author:** ![David122](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/david122/32/1449_2.png) [@David122](https://community.openrent.co.uk/u/David122)\
**Post date:** [27 July 2021 19:56 UTC](https://community.openrent.co.uk/t/how-to-buy-sell-property-with-a-sitting-tenant/18815/7 "2021-07-27T19:56:54Z")

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I wouldnt if I were you. Quickest way to lose a sale as it can take over a year to evict a reluctant tenant.

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**Author:** ![Colin3](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/colin3/32/450_2.png) [@Colin3](https://community.openrent.co.uk/u/Colin3)\
**Post date:** [27 July 2021 20:09 UTC](https://community.openrent.co.uk/t/how-to-buy-sell-property-with-a-sitting-tenant/18815/8 "2021-07-27T20:09:07Z")

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do you mean the buyer wants a tenant in when they have bought it ?

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**Author:** ![Haim](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/haim/32/8112_2.png) [@Haim](https://community.openrent.co.uk/u/Haim)\
**Post date:** [28 July 2021 08:42 UTC](https://community.openrent.co.uk/t/how-to-buy-sell-property-with-a-sitting-tenant/18815/9 "2021-07-28T08:42:19Z")

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so… quick chain of events  
Had tenants for some time  
Started a sale  
Tenants decided to move out  
Sale is now ongoing  
Want to get new tenants in before sale completes as am losing money while everything is worked out  
The buyer is a BTL to hopefully he wont object  
Then need to convince new tenants its ok to move in even during a sale

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**Author:** ![David122](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/david122/32/1449_2.png) [@David122](https://community.openrent.co.uk/u/David122)\
**Post date:** [28 July 2021 09:17 UTC](https://community.openrent.co.uk/t/how-to-buy-sell-property-with-a-sitting-tenant/18815/10 "2021-07-28T09:17:14Z")

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Except you won’t be able to evict them if they have nowhere else to go unless you are also living there.

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**Author:** ![A\_Z](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/a_z/32/450_2.png) [@A\_Z](https://community.openrent.co.uk/u/A_Z)\
**Post date:** [28 July 2021 11:09 UTC](https://community.openrent.co.uk/t/how-to-buy-sell-property-with-a-sitting-tenant/18815/11 "2021-07-28T11:09:08Z")

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You shall need to inform the new tenants  
New buyer will need to protect deposit in his name and serve a section 3 and 48 ( ideally start a new AST)  
Ideally the new buyer would start a new AST and serve all documents again ( just to cover himself)

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**Author:** ![Mr\_T](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/mr_t/32/515_2.png) [@Mr\_T](https://community.openrent.co.uk/u/Mr_T)\
**Post date:** [28 July 2021 13:51 UTC](https://community.openrent.co.uk/t/how-to-buy-sell-property-with-a-sitting-tenant/18815/12 "2021-07-28T13:51:01Z")

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I know solicitors etc can drag their feet but if your property is vacant and the buyer is BTL how long are you anticipating it all to go on for?

Could you agree a nearer deadline with your solicitor and the buyer?

Obviously we don’t know all the details, but must be a stressful situation trying to sell and find new tenants.

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**Author:** ![Haim](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/haim/32/8112_2.png) [@Haim](https://community.openrent.co.uk/u/Haim)\
**Post date:** [28 July 2021 19:23 UTC](https://community.openrent.co.uk/t/how-to-buy-sell-property-with-a-sitting-tenant/18815/13 "2021-07-28T19:23:18Z")

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thanks everybody  
yes very stressful  
and of course no idea how long the process will take. even if it is 3 months, central London, just mortgage interest, council tax, bills, it not ideal…  
And any new tenant will want assurance, which means lawyers drafting something into the contract, which means more costs, maybe offsetting the benefits of having new tenants lol

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**Author:** ![system](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/system/32/11_2.png) [@system](https://community.openrent.co.uk/u/system)\
**Post date:** [9 August 2022 12:53 UTC](https://community.openrent.co.uk/t/how-to-buy-sell-property-with-a-sitting-tenant/18815/14 "2022-08-09T12:53:41Z")

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