< Back to Blog Overview

DO YOU BUY PROPERTIES WITH TENANTS IN OCCUPATION?

Private Landlord

Are you a private landlord that buys investment properties with tenants already in occupation?

If so, make sure you re-register the deposit and serve the prescribed information.  Otherwise you will lose the ability to serve a no-fault Form 6A (s21) Notice.

The decision of a case heard at Central London County Court on 11th April 2019 – Sebastiampillai V Parr, ruled against the new landlord because he failed to re-register the deposit upon the property sale completing and he also failed to serve the prescribed information within 30 days of the sale completing.  The S21 Notice relied upon for the possession proceedings was deemed invalid, the case was decided in the favour of the tenant and the case was dismissed. 

If you buy a property with a tenant already occupying and the previous owner had taken a deposit, which was transferred to you when the property sale completed, ensure you lodge the deposit immediately upon transfer to you and serve your tenant with the deposit prescribed information.  Otherwise the no-fault possession process under S21 will not be available to you and it will be more difficult to re-gain possession.

If you have an investment property that you wish to regain vacant possession contact Mercian Law either on our website web chat function, or by calling 01827 215679 to discuss how we can be of assistance and the fees involved.

Disclaimer

Please note that this article does not constitute legal advice.  Mercian Law Limited have tried to make this article as accurate and complete as possible at the date it was written.  The laws of England and Wales change frequently, and you are advised to take legal advice before embarking on any legal action.

Posted by Verity Grigg

06/09/2019

Private Landlord