landlord residency

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    landlord residency

    Hi can anyone give me some advice. I am currently living at my friends house and am looking to take over as a landlord of a house that my brother is giving me, however i dont pay any bills and am not registered at my friends house. will this affect me in trying to register as a landlord?

    #2
    When you say' register', do you mean:
    a. register title at HM Land Registry; or
    b. obtain an HMO licence from your Local Housing Authority?
    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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      #3
      Originally posted by c.rogers View Post
      am looking to take over as a landlord of a house that my brother is giving me,
      Do you mean that your brother is transferring the title of a property to you, and you will then become the owner of the house?

      Is it in England/Wales?

      Do tenants live in the house already, or do you plan to get tenants?

      Are you planning to live in the house too?

      Comment


        #4
        Hi thank you for the response. The property in question is a 2 bed roomed terrace house in England with a tenant living there and wishing to do so for the foreseeable future.The housing benefit is paid direct to my brother. Which i want to take over at the end of the month. I am now the deed title holder and want to be the new Landlord and would like to register/ sign the landlord declaration. Yet unsure as whats the next step i take?

        a. register title at HM Land Registry; or
        b. obtain an HMO licence from your Local Housing Authority?

        At the current address where I reside, it is my friends own house, I do not have any utility bills in my name, as my friend currently pays all bills, of which i contribute. All my correspondence and utility bills goes to the house which is being rented out. which I collect on a monthly basis via the tenant. I believe that i need proof as to where i,m living at the moment? is this true and how do i resolve this.

        Comment


          #5
          To get the housing benefit payments directed to you, your brother needs to contact the HB department with your details, it would be best to issue a new tenancy agreement with your details on it.

          It's best if he does it immediately after receiving a payment, as it gives them the maximum time to deal with it before the next payment run.
          Allow tenants to protect their own deposits. I want free money when they do it wrong

          Comment


            #6
            Originally posted by c.rogers View Post
            I am now the deed title holder and want to be the new Landlord and would like to register/ sign the landlord declaration. Yet unsure as whats the next step i take?

            a. register title at HM Land Registry; or
            b. obtain an HMO licence from your Local Housing Authority?
            If you are truly the deed title holder, aren't you already the registered proprietor at HMLR? If not, what does you mean by the deed title holder mean?
            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).

            Comment


              #7
              I,ve been to the solicitors and changed the deeds from my brothers name into my name.
              So now what do i need to do to become the landlord and does it have implcations that i live at my friends own home.

              Comment


                #8
                OK. If you are now the registered proprietor, the property is in your name. it's in that capacity that you as L would be let; there's no further formalities so far as concerns ownership for that purpose. By the way, I hope that your HMLR registration shows- as your own address- the friend's house where you reside, not the address of the property newly transferred to you.
                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).

                Comment


                  #9
                  Originally posted by c.rogers View Post
                  I,ve been to the solicitors and changed the deeds from my brothers name into my name.
                  Then no doubt the solicitor has also updated the Land Registry?

                  So now what do i need to do to become the landlord
                  Firstly, you must inform the tenant of the change of landlord. So you must serve:
                  • a letter of authority from your brother
                  • Notice under s.3 of Landlord & Tenant Act 1985 (which is giving the tenant your name/address, in writing, before the rent is next due)
                  • Notice under s.48 of Landlord & Tenant Act 1987 (which is giving the tenant, in writing, an address for serving notices, in England/Wales)


                  You must also learn about your legal obligations as landlord; these include keeping the property in repair, ensuring electrics are safe, providing an annual gas safety certificate, deposit protection, etc. One way to do this is by joining a landlords' association such as
                  http://www.rla.org.uk/
                  http://www.landlords.org.uk/index.htm

                  Comment


                    #10
                    Thank you it has been really helpfull.

                    Comment

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