Rent to buy

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    Rent to buy

    Entered into a rent to buy scheme with a buyer/renter and they have defaulted on the payments. I would like to start possesion but not sure if I should use section 8 for rent arrears

    They have exclusive occupation and the buy to rent agreement (option to purchase agreemnet) between landlord/seller and tenant/buyer and they have stopped paying the rent

    #2
    Is this the same tenancy as in the link below?

    https://forums.landlordzone.co.uk/fo...monthly-rental

    Comment


      #3
      No it’s totally unrelated

      Comment


        #4
        What does it say in the contract about this situation arising?



        Freedom at the point of zero............

        Comment


          #5
          remedies upon default - if buyer/tenant defaults,under the rent to buy agreement, then in addition to any other remedies availible to the seller/landlord at law or in equity, seller/LL may terminate this rent to buy agreement by giving written notice of the termination

          If terminated the buyer/tenant shall lose all entitlement ro any refund of rent or option consideration

          For the rent to buy agreement to be enforacble and effective the buyer/tenant must comply with all the t&cs of the lease agreement

          There is another clause

          Right of termination and re-entry: in the event of any breach of the payments contained in this rent to buy agreement the seller/LL shall have full rights to terminate this agreement in accordance with english law and re-enter and re-claim possession of the premises stated in this agreement, in addition to such other remedies availiable to LL arising from said breach of this agreement in any way, all monies paid to the seller/buyer under the terms of this agreement will be deemed as rent and no refund of any description will be offered by the seller/LL

          Key question is, is at AST? can a section 8 be served?

          Comment


            #6
            Issue a Section 21 to be sure of getting possession. Did you protect any deposit and issue EPC, How to Rent etc.?



            Freedom at the point of zero............

            Comment


              #7
              no deposit and noit issued them, but there are rent arrears, why cant i use a section 8?

              Comment


                #8
                What were the terms of the rent to buy scheme? Were their payments less than you would have charged in rent?

                Comment


                  #9
                  Was this an AST? And named tenant human?
                  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


                    #10
                    I know it's a bit stating the obvious, if the lease part is an assured tenancy (whether shorthold or not), then yes you can serve a section 8 notice. If it's not assured, then you can't.
                    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                    I do not answer questions through private messages which should be posted publicly on the forum.

                    Comment


                      #11
                      Well it’s called a rent to buy agreement, one would assume that it’s the actual context and situation which would determine if it’s a tennacy or not. It fits the Criteria for being an ast

                      Comment


                        #12
                        Does the agreement between you & them say it is an AST? Are your tenants human & do they live there?

                        If not, not an AST.
                        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


                          #13
                          no its called a rent to buy agreement, densest matter what it says its called it the actual situation, and to me it covers all the key AST features, and yes they live there!

                          Comment


                            #14
                            Does it say it isn't an AST, that would make it an Assured Tenancy instead.
                            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                            Comment


                              #15
                              It Doesnat state it’s either and ast and assures tennacy it states it’s a rent to buy agreement

                              Comment

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