Buy a property with tenant in situ/ New AST

[starchildmum]

Hello

I am buying a BTL 1 bed flat.
The flat is currently tenanted with a great tenant and I I would be delighted to buy the flat with a tenant so he can keep his home.

My BTL mortgage requires a new AST and I do not know if solicitors can find a way to draw up a new AST contract if the old one was not completed with a “notice”?

I just wanted to draw attention to this point so the vendor can give the tenant “notice” so that the current AST can expire and we can start a new AST at completion/ exchange of contracts.

I do not know enough about conveyancing but If it’s a new AST the existing contract might need to complete in a proper way before a new AST can start?

Technically this would just be a cosmetic detail which won’t affect the tenant or the sale but I have been asked my the agent if I want to “ keep” the tenant. Of course I want to “keep” him but how does it work out legally? What is the best way for me?

Is there a way tenant can “ wave” 2 month notice and start new AST with me at completion? Or would vendor give notice now as a formal technical detail and then we complete in 2 month time?

I greatly appreciate any advise.

A tenant and landlord can end a tenancy at any point by mutual agreement. You can end the tenancy and create a new one on the same day if you're both in agreement.

Thank you! This means the solicitor will just issue a new one at the time of completion once formal agreement has been confirmed, correct?

Why don't you ask your solicitor? Surely they can advise :) that's what I assume would happen but I'm not a lawyer