Organise an existing tenancy before buying a home

A purchase subject to tenancy differs from vacant possession. Gather the agreement, payment and deposit records for checking against transaction and handover terms.

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Identify the possession arrangement

An occupier's intention to leave is not a documented vacant-possession arrangement. EAA's conveyancing guidance distinguishes a sale subject to tenancy; have the actual occupation and agreement checked by the solicitor and agent.

Keep the original tenancy, renewals or changes, rent payments, deposit and unresolved repairs together. Check how each document or amount is handled at completion under the actual agreement.

Compare tenancy records with completion arrangements

Separate existing records from open questions.

ItemRecordFollow-up
TenancyVersion, term and amendmentsRefer for transaction review
AmountsRent, deposit and known outstanding amountsConfirm transfer arrangements
OccupationCurrent occupation and itemsCheck possession terms
Open mattersRepairs, notices and missing documentsIdentify the follow-up contact

Example: only an old tenancy is available

If an original lease is supplied but a later renewal is mentioned, list the renewal as missing. Confirm the current term and payments rather than relying on the original expiry date.

Review the complete tenancy file

  • The current version is checked
  • Possession and amounts have documented arrangements
  • Verbal answers remain subject to confirmation

Vacant possession and keys

Property information

EAA: provisional-agreement guidance

Organise purchase documents