Own-use and renovation notices are more tightly policed
Notices to end a tenancy so the owner or a family member can move in, or so major renovations can be completed, now face stricter documentation and higher penalties for bad faith. Owners planning to buy a tenanted property with the intention of moving in should get legal advice before firming up an offer, not after.
- Compensation obligations apply on many own-use notices
- Renovation notices require evidence the work needs vacant possession
- Penalties for bad-faith notices have increased significantly
Tribunal timelines are part of your carrying cost
Hearing backlogs mean a disputed matter can take many months. That period is carrying cost you fund out of pocket. Investors should hold a reserve equal to several months of mortgage, tax, and insurance for exactly this reason, and lenders increasingly want to see it.
Buying a property with tenants in place
The tenancy transfers with the property. Existing rent, even if below market, continues. Before waiving conditions, obtain the leases, the rent roll, the last rent increase notices, and confirmation of deposits held. Underwriting is based on actual rent, not the rent you hope to charge.
How this affects your financing
Rental income supports qualification, but lenders apply a haircut and rely on documented rent. A property with below-market rent will appraise and underwrite at that lower income, which reduces the loan amount available. Plan the purchase around the current rent roll.
Frequently asked questions
- Can I evict a tenant to move in after buying?
- Only under the specific own-use provisions, with proper notice and compensation, and only in good faith. Get legal advice before relying on it as your plan.
- Do lenders use rental income to qualify me?
- Yes, typically a percentage of documented rent, either added to income or offset against the payment depending on the lender.