Tenant in Situ
Quick answer
A property sold or bought with an existing tenant already living in it under a continuing tenancy. The buyer takes over as landlord and inherits the tenancy on its current terms, including the deposit, the compliance history and any arrears position.
At a glance
- You inherit
- The tenancy, deposit and compliance history
- Common in
- Portfolio and investor sales
Full guide
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Open full guideWhy Tenant in Situ matters for landlords
Buying with a tenant in situ means instant rental income and no void, but you take the tenancy exactly as it is — including any unprotected deposit, missing gas certificate, or brewing arrears. Due diligence is everything: get the deposit protection details, the compliance documents and the rent-payment record before completion, because problems become yours the moment you own the property. Selling with a tenant in situ can widen your buyer pool to investors but usually narrows out owner-occupiers.
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Official sources
LetCompliance editorial reviews this entry every quarter against the sources above. Always confirm specific duties with a qualified solicitor or your local council.
Related terms
Tenant Fees Act 2019
Legislation banning most fees charged to tenants in England. Permitted payments are limited to rent, a refundable tenancy deposit (capped at 5 or 6 weeks), a holding deposit (1 week), default fees, tenant change fees and early termination fees. Breaches carry fines up to £30,000.
Assured Periodic Tenancy (APT)
The single tenancy type that replaced the assured shorthold tenancy (AST) in England under the Renters’ Rights Act 2025. From 1 May 2026 every existing AST automatically converted to a periodic assured tenancy — no fixed term, rolling from period to period — and no new fixed-term ASTs can be granted. The tenant can leave on two months’ notice; the landlord can only regain possession using a Section 8 ground.
Bailiff (County Court Bailiff / High Court Enforcement Officer)
The court officer who enforces a possession order at the eviction stage. After a landlord wins a possession order under Section 8 (post-1 May 2026 the only route in England), if the tenant does not leave by the date in the order the landlord applies for a Warrant of Possession (CCB) or a Writ of Possession (HCEO). The bailiff or HCEO then attends to take physical possession; only they may lawfully evict, self-help eviction by the landlord is a criminal offence under section 1 of the Protection from Eviction Act 1977.
Betterment
The principle that a landlord cannot end up better off at the tenant’s expense when claiming for damage. A deposit deduction must reflect the actual loss, accounting for the age, condition and expected lifespan of the item — so you cannot charge the full cost of a new item to replace an old, worn one.
Break Clause
A clause in a fixed-term tenancy that allows landlord or tenant to end the agreement early. With fixed-term ASTs abolished from 1 May 2026 for most residential tenancies, break clauses are rarely relevant, a tenant can instead end a periodic tenancy with two months' notice.
Check-in / Check-out Report
The dated, photographed inventory record taken at the start (check-in) and end (check-out) of a tenancy, signed by tenant and landlord/agent. It is the primary evidence base for any deposit deduction claim through the DPS, TDS or mydeposits adjudication process — without it, the scheme will almost always award the deposit back to the tenant. Best practice: third-party inventory clerk, time-stamped photographs of every room and meter reading, and tenant sign-off within 7 days.