Tenants Are People, Not Paperwork: Standing Up to Corporate Agents

A tenant's home should not be collateral damage in a corporate box-ticking exercise. Here is why we need to stand up for ethical sales.

The Problem

We see it all the time in the property game. A landlord decides to sell. An investor wants to buy. In the middle sits a perfectly good tenant who pays their rent on time and just wants to stay in their home. It should be the perfect "win-win-win" scenario. The seller avoids a void period, the buyer gets immediate cash flow and the tenant avoids the stress and cost of moving.

But recently, we encountered a situation that threw a spanner in the works. My client was purchasing an apartment with a reliable tenant already in situ. The figures stacked up and everyone was happy. Then, the managing agent stepped in. This wasn't a small rogue operator but a large, well-known national agency. They insisted the sale could not proceed unless the tenant was evicted first. Their reasoning? They effectively claimed they "owned" the tenant and the rights to the contract.

The Reality Check

For a corporate giant to demand that a paying, well-behaved tenant be evicted—potentially making them homeless—simply to satisfy a bureaucratic box-ticking exercise is shameful. Tenants are not entries on a corporate spreadsheet; they are people. This is their home.

Beyond the morality, the legal claim is nonsense. A tenancy agreement is a contract between the Landlord (the owner) and the Tenant. The agent is simply a third party. When a property is sold, the new owner steps into the shoes of the old landlord. The tenancy "runs with the land." No amount of corporate bluster gives an agent a legal veto over who buys the property or whether the tenant stays.

3 Steps to Protect Yourself (and Your Tenant)

If you are buying a property with a tenant in situ, do not be intimidated just because the obstruction is coming from a "big name" agent. Here is what you need to do:

• Stand Your Ground: Remember that the agent works for the seller, not the property itself. They cannot legally stop a sale between two willing parties just because it doesn't fit their internal policy.
• Check the Paperwork: Always review the tenancy agreement yourself. Unless it is a specific "Rent to Rent" scheme, the contract is almost certainly between the owner and the tenant, not the agent.
• Put People First: Don't let corporate bullying force a good tenant out of their home. In our client’s case, we advised them to stand firm. The tenancy is secure, the purchase is proceeding and the tenant gets to stay.