Why it matters
What Tenant in Situ means for a landlord
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.
Worked example
How it plays out
Rhys buys a house in Nottingham with a tenant in place. Before completion he asks for the tenancy agreement, deposit protection certificate, prescribed information, gas and electrical records, EPC and rent statement. The deposit was never protected, so he requires the seller to deal with it before completion.
Common mistakes
Where landlords go wrong
- 01Completing without checking the deposit was protected.
- 02Not getting the rent history.
- 03Missing an expired certificate that becomes your problem on completion.
What to do
A short checklist
- Ask for every tenancy and compliance document before exchange.
- Check the deposit is protected and will transfer to you.
- Tell the tenant in writing who the new landlord is and the address for notices.
Sources
Checked against these sources on 16 September 2026. A guide to the rules in England, not legal advice: for a dispute or a possession claim, speak to a solicitor.
