Ingoing condition report

So guys if I'm reading this correctly, if buying an already tenanted property you'd need to do these two things to cover yourself for this type of situation.

1) New condition report on day you take possession
2) New lease with tenants on day of possession.

All my properties have been vacant possession so I've never come across this, I'd be interested to know if owners have done this or just kept using the existing lease and condition report?

This is my advice to new owners "taking over" a tenanted property. As well as getting the owner/tenant to rectify any issues before settlement.
 
I'm not sure you do understand exactly. You as the new owner are not a party to the old lease. The terms can be whatever they want to be, and go on for as long as it wants to be - its not your lease and so means nothing to you.

That's not how a tenancy agreement works. Regardless if you but a property subject to tenancy then the tenancy becomes yours upon settlement. Doesn't matter who's lease it is.
It does mean something to you- it's now yours.
Ask any agent this. Leases are assignable under the tenancy acts. This is what the conveyancers and lawyers get paid to do in the section 32s and settlements.
Also the tenancy, sale of land ect acts must be understood in order to answer your questions.
I'm not sure you exactly understand the acts. I do see what your saying but unfortunately it's incorrect.
 
This is my advice to new owners "taking over" a tenanted property. As well as getting the owner/tenant to rectify any issues before settlement.

A new condition report is not done as the current tenancy is in place.
New tenancy=new condition report and new bond.

You may be able to get the tenant to sign a new lease with the same terms and remainder of contract as the previous one but they are under no obligation to do so.
But yes I would get the vendor to repair things that falls under their responsibilities and attempt to get the tenant to repair any of theirs. They could argue that they will do it when they leave if they admit fault.
Tenancy act says tenant must keep property in a manner that is free from anything that can cause damage and report damages to agent. They also need to repair things prior to vacating themselves.
 
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