Mesne Landlord

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    Mesne Landlord

    Hi

    I wonder if anyone knows about subletting. I let my house to a company who provide supported housing. I have an AST with them and until management changes everything ran smoothly. I provided safety certificates ect. And they deal with the tenant in the property. The Tennant living in the house has complained to the council about hazards and there’s certain repairs that have to be done. My argument is that unless it’s repairs to the structure of the property under the ast it is the responsibility of the company? Does anyone know if they are then the Mesne landlord?

    #2
    As your tenant (only 2 n's) is a company it cannot be (may not be, legally impossible to be ) an AST.

    Your tenant is then the landlord of the occupants, the company's tenants.

    Responsibilities of the various parties will largely come from the tenancy contract. AST ibecomes a common law tenancy with most but not all clauses valid (eg property, names, rent, dates etc etc.)

    Suggest you engage a solicitor who specialises in these rent-to-rent arrangements:. Often avoided by the prudent.
    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
      Thank you, it’s definitely ast, unfortunately I didn’t look into the legalities when setting everything up. I had just lost my son, was in a house car too big and was just happy it was going to help out a vulnerable person. Little did I know it was just someone who knew how to work the system and should of known better🤦🏻‍♀️

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        #4
        Sorry to hear of your loss.

        I fully understand the paperwork between you& company says AST. But I'm trying to gently point out that it cannot be (may not be, legally impossible to be ) an AST.


        I'm sure most landlords here made mistakes: I did when I started, painful, expensive, long-drawn out etc etc.. Good luck
        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
          You can't have an AST (as pointed out), because for an AST to exist the tenant has to be a human being and your tenant is a company.
          So it's a contract, but it's not an AST.

          That does make some difference, but it doesn't really affect the maintenance/changes issue.

          The person living in the house rents it from the company, so if they have any complaints, they complain to their landlord who is the company - and that company has obligations to repair in law and (possibly) in their agreement with the occupant.

          You have repair obligations to the company in law and (possibly) in your agreement with them. They are not limited to the structure, they extend to heating and plumbing and general requirements about safety and legality.

          There's not really such a thing as a mesne landlord, and, while it's possible the company could be described as a mesne tenant, that doesn't really change anything.

          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


            #6
            Thank you for your responses is it possible to post a copy of my ast/contract on here at all?

            Comment


              #7
              Originally posted by Jomum View Post
              Thank you for your responses is it possible to post a copy of my ast/contract on here at all?
              Yes, please make sure it's anonymised.
              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

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