Buying a tenanted buy-to-let investment property

Sep 9, 2019

When purchasing an investment property that is let to tenants, there is a whole host of additional information that you should have sight of in addition to what you would normally expect to see when buying your own home.

The additional information is a requirement of letting your property in order to ensure that the property is a safe environment to live in, and to ensure that the tenancy agreement(s) are in full force and effect.

You would expect the following documents to be provided as part of the sales process:

  • Gas Safety Certificate – this certificate is issued by the gas engineer to confirm that the gas appliances are in satisfactory working order.
  • Electrical Inspection Report – this report will be issued by the electrical engineer to confirm whether the electric systems and appliances are in good working order.
  • Energy Performance Certificate – as of April 2018 it is a legal requirement that a property has a minimum energy rating of ‘E’ in order to be let.
  • Evidence that the tenant’s deposit(s) have been placed in a tenancy deposit scheme. If the deposit is not protected by a tenancy deposit scheme the court can order you to repay the tenants or pay it into a custodial tenancy deposit scheme. A court may also decide that the tenants do not have to leave the property when the tenancy ends if you did not use a tenancy deposit scheme when you should have.
  • Copies of the tenancy agreements, to include any memorandums and/or addendums.
  • Confirmation that the prescribed information has been provided to the tenants at the outset of their tenancies. If the prescribed information is not provided, it can jeopardise the validity of the tenancy agreement and your ability to bring it to an end.

The contract for sale should also include provision for:

  • The transfer of the tenant’s deposit(s) upon completion. It is likely that you will need to register with a tenancy deposit scheme (if you have not already) to enable the deposits to be transferred to your name.
  • Rent authority letters. These letters will be addressed to the tenants from the seller, directing them to pay all future rent to you. Without these letters, the tenants may continue to pay their rent to the seller.
  • An apportionment of rent paid or owed. It is unlikely you will complete your acquisition on the rent payment date, so it is important to ensure that the rent is apportioned on a daily rate so that you take the benefit or rent payments from the day of completion.

If you are either selling or buying a buy-to-let investment property, please do not hesitate to get in contact with Joshua Watkins at or 01276 854948.








Sign up

Enter your email address for legal updates on Property Law.

Please see our privacy policy regarding use of your data.

Contact us

Support for you, your family and your business. Get in touch today by phone or enquire online. 

Tel: +44 (0) 1276 686 222

Top read insights in 2019

Contract Law

Material Breach of Contract

What is a ‘material’ breach of contract by a party to a commercial contract? This is a critical issue regularly considered by the courts. What constitutes a material breach and what are the remedies?

Property Law

Purchasing Land - Option Agreements

A developer and a landowner can enter into an Option Agreement. What are the strategies that can be employed by both landowners and developers to assist in such land deals?

Divorce and Family Law

What are the Tax Implications of a Civil Partnership?

Is there a significant tax saving to be made by a couple who are married or in a civil partnership that cohabitating couples simply don’t qualify for?  

Land & Property Dispute

Restrictive Covenants – The Price of Modification

Having identified that your land is burdened by a restrictive covenant and for the purposes of this article the covenant in question will be that only one residential building can be erected on the land. What do you do next?

Wills, Trusts and Probate

Is my Will applicable to my Spanish property?

You must be careful when relying on an English Will in relation to your Spanish property.

Awards | Accreditations 

Accredited Conveyancing Lawyers
Accredited Immigration & Asylum Lawyers
Accredited Conveyancing Lawyers
Accredited Immigration & Asylum Lawyers

60 St Martins Lane, Covent Garden, London, WC2N 4JS 

+44 (0) 203 755 0557


Building 9, Riverside Way, Watchmoor Park, Camberley, Surrey. GU15 3YL. 

+44 (0)1276 686 222


27 Broad Street, Wokingham, Berkshire. RG40 1AU.

+44 (0)118 977 4045

© 2019 Herrington Carmichael LLP. Registered in England and Wales company number OC322293.

Herrington Carmichael LLP is authorised and regulated by the Solicitors Regulation Authority.

Privacy   |   Terms and Conditions   |   Cookies   |   Client Feedback