First time landlord making mistakes

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    #16
    Yes it's a tenancy but don't think it's an AST. It's common law tenancy so no deposit protection, no s21.

    Very unlikely tenant or council will understand (or many solicitors or judges)
    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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      #17
      Why not an AST?
      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).

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        #18
        If it's the tenants principal home surely it's an ast?

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          #19
          Originally posted by jpkeates View Post
          Why not an AST?
          See 1988 Housing act. As building with more than 1 dwelling is not purpose built flats it cannot be (may not be , legally impossible to be ) an AT so can't be AST.

          Schedule 1 clause 10 Resident Landlord. But not a lodger.

          Good luck convincing everyone etc etc. Especially no s21, no s8 no deposit protection and evict by Notice to quit.

          Yes even if paperwork all AST

          Cheers!
          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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            #20
            Join NLA/RLA and undertake some LL training.

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              #21
              Originally posted by jpkeates View Post
              OK.

              It is not legal for you to control the heating of your tenant.
              There are many flats with communal heating systems controlled by landlord.

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                #22
                Originally posted by Section20z View Post
                There are many flats with communal heating systems controlled by landlord.
                They really shouldn't - most boilers have some kind of maximum temperature control, but otherwise.

                HHSRS "guidelines" say "Centrally controlled space heating systems should operate in a way that makes sure occupants are not exposed to cold indoor temperatures. Occupants should be allowed to control temperature within their dwelling".

                It also can create an issue under s3 Protection from Eviction Act.
                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


                  #23
                  Originally posted by theartfullodger View Post
                  Yes it's a tenancy but don't think it's an AST. It's common law tenancy so no deposit protection, no s21
                  Which, in this case, is good news.

                  The deposit wouldn't need to be protected, the gas safety certificate isn't a block and the EPC probably isn't an issue.

                  I'd involve a solicitor, though, the OP doesn't want to be in court trying to explain s10 of the 1988 Housing Act.

                  Excellent spot
                  theartfullodger
                  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


                    #24
                    Originally posted by jpkeates View Post
                    They really shouldn't - most boilers have some kind of maximum temperature control, but otherwise.

                    HHSRS "guidelines" say "Centrally controlled space heating systems should operate in a way that makes sure occupants are not exposed to cold indoor temperatures. Occupants should be allowed to control temperature within their dwelling".

                    It also can create an issue under s3 Protection from Eviction Act.
                    Quite common in local authority built blocks of flats.my 2nd son & family live in one in Hackney. There's some specific laws covering these....
                    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


                      #25
                      Originally posted by theartfullodger View Post

                      Quite common in local authority built blocks of flats.my 2nd son & family live in one in Hackney. There's some specific laws covering these....
                      Indeed, I have one in camden and one in Islington. Interesting that tenants should not be exposed to 'cold temperatures' - that explains why they are normally too hot!!
                      Of course Nottingham has adopted the continental District Heating method which is another ball game....

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                        #26
                        Think big ears is behind hot water fed district heating put in for the village properties in Windsor great park. Pipes all over, sunken, and noisy whiny pumphouses.

                        As presumably tied properties there will be odd tenancies.
                        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


                          #27
                          Well, central heating systems (district or local) don't normally mean tenants have no control over their heating. They will normally still have TRVs on their radiators and a heat meter which tracks usage.

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