Does the landlord have to be the owner

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    Does the landlord have to be the owner

    Can I create a Deed of trust to prevent a particular individual occupy my Mothers commercial property & that i her son would be notified.
    I don't have a legal interest in this property.
    Long story My parents lost out to a piece of property already with this man & my father has died from a serious case of dementia since.
    Does the landlord need to be the owner?
    Could it be possible to be given the power to act in this particular instance, How long would that take.
    Previously I had a complete Power of attorney of my late father & that took about 12 months.
    However that was almost 2 years ago.

    #2
    No, very common with "guaranteed rent" schemes/scams for agents to be tenant of owner but Landlord of occupants.

    But Landlord should ensure they have well documented agreement to be tenant of owner with right to sublet.

    Owner should get independent advice not from son. Son should encourage this.

    Good luck:. Tricky situation
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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      #3
      Okay interesting so agent (me) to be the landlord of occupants (the New said tenants). but the agent is a tenant of owner.
      Thank you for uptake

      Comment


        #4
        I was merely giving example of an agent doing this. Any other person or indeed company could equally become tenant and landlord - don't have to be "agent" But legally it is fraught with issues: for all parties.

        If you are considering becoming a Landlord do some education and don't forget to declare ALL the rent income, even if making a loss (or HMRC penalties etc)

        Being a Landlord is a minefield - well over 100 laws to comply with!
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

        Comment


          #5
          Can an agent be appointed to an existing tenancy
          I have a situation where a lease has expired but the business is still operational and has acquired business equity rights now the owners of the business and business equity rights was my late father Now my mother and she has inherited 50% of those shares with my late fathers business P being the other 50% shareholder
          could it be the case that I could become a landlord of occupants in this case?

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