Background: Buying a Flat with Tenants in Situ

Marie is in the process of purchasing a flat currently let to tenants whose lease expires at the beginning of August. The tenants, who are students completing a course, have verbally confirmed their intention to leave on that date. Marie plans to complete the purchase around April and retain the tenants until August, allowing the property to become available for the high-demand rental period starting in September.

Options for Confirming Tenant Departure

Before completing the purchase, Marie intends to meet the tenants again and is considering the best method to secure their agreement to vacate on 1 August. She is weighing whether to have the tenants sign a deed of surrender for that date, despite not yet being their landlord, or to request an email from the tenants once she assumes ownership, confirming their planned leaving date.

Legal Context: Renters’ Rights Act and Vacant Possession

Marie is mindful of the Renters’ Rights Act, effective from 1 May, which may affect tenant-landlord interactions and the process of ending tenancies. Ensuring the tenants vacate on the agreed date is crucial to avoid complications post-completion. A deed of surrender is a formal legal document that terminates the tenancy by mutual agreement, providing certainty for landlords. Alternatively, an email confirmation may serve as evidence of the tenants’ intention but might carry less legal weight.

Practical Considerations for Landlords

For landlords acquiring properties with sitting tenants, securing clear and legally sound confirmation of the tenants’ departure date is essential. A deed of surrender signed before completion can offer greater security, though it may require cooperation from the current landlord and tenants. Waiting to obtain tenant confirmation by email after completion may be simpler but could introduce risks if tenants change their minds or disputes arise.

Feasibility of Retaining Tenants Until Lease Expiry

Marie’s plan to buy the flat in April and keep the tenants until August is practical, especially as the tenants are students concluding their course. This arrangement benefits both parties: the tenants have stable accommodation until their course ends, and the landlord gains a guaranteed rental income until the property becomes available for re-letting during a peak demand period.

What This Means for UK Landlords

Landlords purchasing tenanted properties should carefully consider how to secure vacant possession at lease end, particularly in light of recent legislative changes affecting tenant rights. Obtaining a deed of surrender before completion can provide legal certainty but may not always be feasible. Clear communication and documented tenant confirmation, whether by deed or email, are vital to avoid disputes and ensure smooth transitions.

Summary

Marie’s enquiry underscores the importance of formalising tenant departure agreements when acquiring let properties. UK landlords should evaluate the merits of deeds of surrender versus tenant email confirmations to safeguard their interests and comply with evolving renters’ rights regulations.

Suggested internal link anchors

• deed of surrender
• tenant email confirmation
• vacant possession
• Renters’ Rights Act
• lease expiry
• buying tenanted properties
• student tenants
• letting agents
• tenant departure
• rental demand September

TLA update

TLA is launching a new Trusted Partners Hub in Q1 2026, featuring verified and approved service providers selected to support landlords, tenants, and property management businesses. We are inviting legal, trades, insurance, financial, mortgage, tenant screening, and other service providers to register their interest here: https://landlordassociation.org.uk/become-a-tla-service-partner/