Let property; can I decant T from whole to part-only?

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  • Let property; can I decant T from whole to part-only?

    I bought a property as an investment but the whole property was already occupied by an elderly couple. As the freeholder, am i able to convert the property into 2 self contained flats and move the elderly couple into the down stairs flat and charge them a cheaper rent - (without any drama due to the fact they have lived there for 20yrs)

    ???

  • #2
    Are you asking can you shift an elderly couple out of part of their home and then conduct extensive building works upstairs without it creating any drama for them? I'm guessing not.

    Having read previous posts of this type I'm sure the next question is what type of tenancy agreement do they have? Judging by how long you say they have been there it sounds like it is very likely to be the one where you can't move them if they carry on paying their rent and keeping their side of the agreement but I'm sure one of the more learned bods will be on soon to give you the exact details and terminology.

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    • #3
      So what is the law surrounding the situation with the couple and me as the owner of the premises.

      I'm sure that they are assured tenants however, i'm not evicting but allocating them a smaller premises in the one they already reside in at a lower rent that they were previously paying. If I impose the change as the landlord do the couple have any legal rigts against me

      ?

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      • #4
        I find it worrying that you didn't investigate the law surrounding your relationship with the sitting tenants and their rights before you bought the property, as often a sitting tenant of so many years can have a significant effect on the market price for a property. I hope you paid much less than the going rate for a property with vacant possession.

        And now to your particular question. It is possible that you may not have the legal right to do as you suggest. Your situation is not particularly common and there will be lots of details that affect your case significantly, so you'd do well to get some expert legal advice from someone who is intimately familiar with property law.

        Can I suggest a PM to Jeffrey might not go amiss?

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        • #5
          Originally posted by Rbrathwaite1 View Post
          So what is the law surrounding the situation with the couple and me as the owner of the premises.

          I'm sure that they are assured tenants however, i'm not evicting but allocating them a smaller premises in the one they already reside in at a lower rent that they were previously paying. If I impose the change as the landlord do the couple have any legal rigts against me

          ?
          Start by defining what sort of tenancy they have. Is there the landlord's couterpart Tenancy Agreement, for instance? What does it say?

          When did their tenancy begin, anyway? If pre-15 January 1989, it's governed by the fearsome Rent Act 1977.
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

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