Does L need sitting tenant's consent to renovate?

[zhujier]

Hi everyone, I am a new landlord. I just bought a very old Victorian house. There are two flats in it. Ground floor was rented out on an assured tenancy with sitting tenant. There is no central heating in the house. The house is in a very poor condition. I am going to live on the second and third floor flat. So I am planning to do some renovation work. I plan to erect a first floor extension. Doing that, I need to get access to the garden. The only way to get to the garden is through the ground floor flat. Of course the tenants on the ground floor are not very happy about the work. I offered that I could provide them an alternative accommodation. When the work is done, they can move back. But they said they did not want to move, because they have lived there for 20 years. Do I have the right by serving notice force them to move out during the renovation work?

I also suggested that I am going to install a new kitchen and a new bathroom for them and install central heating system for their flat. They said that although the kitchen and bathroom are old, they do not feel like a new one. And it is not necessary for a central heating system. Obviously, they are not happy about any changes. But I have left work for 3 months to supervise the renovation work. I would rather have all the work done in one go. Do I have the right by serving notice force them to move out when I renovate their flat. I would provide an alternative accommodation, of course. And they can always move back when the work done.

Anyone can help me here?

[Lawcruncher]

You cannot get possession on the grounds that you want to carry out substantial renovation as you bought the property with the tenants in occupation. You could apply for possession on the grounds that you are providing adequate alternative occupation, but the ground is discretionary and by the time you got a court order your three months will probably have expired.

Unless the tenancy agreement provides otherwise, you have no right to get access to the garden without the tenant's permission.

Looks like you need to turn on the charm. What may help is if you tell the tenants that any agreement will be put in writing and that you will pay for them to be represented by a solicitor of their choice.

[westminster]

Hi everyone, I am a new landlord. I just bought a very old Victorian house. There are two flats in it. Ground floor was rented out on an assured tenancy with sitting tenant. There is no central heating in the house. The house is in a very poor condition. I am going to live on the second and third floor flat. So I am planning to do some renovation work. I plan to erect a first floor extension. Doing that, I need to get access to the garden. The only way to get to the garden is through the ground floor flat. Of course the tenants on the ground floor are not very happy about the work. ...
I also suggested that I am going to install a new kitchen and a new bathroom for them and install central heating system for their flat

Why are you so intent on making improvements to the tenant's flat? You won't benefit from the improvements until the tenants go (which may well be many years from now), and they don't want the improvements, so it seems a pointless exercise.

So the T lives on the ground floor, and you live on the 2nd/3rd floor, but what's in between on the first floor? I don't understand why you would be building a first floor extension, or why you'd need access via the T's flat to build it. What would be underneath the first floor extension? Does the T have exclusive use of the garden?

However, you say the house is in a very poor condition, and it's quite another matter to carry out necessary repairs and maintenance; indeed, you have a legal obligation to the tenant to do so under s.11 Housing Act 1985.

See http://www.letlink.co.uk/letting-fac...ligations.html

For a start, it would be advisable to check that the electrical wiring is safe; from the sound of it it may need updating to modern safety standards. And you would be entitled to access to carry out such structural repairs and maintenance; if the tenant refuses, you could apply for a court order to allow you access.

[zhujier]

Sorry, I am going to live on the 1st and 2nd floor flat. It is a three storey house. There are already a ground floor extension. I want to erect a first floor extension to creat a family bathroom. The thoughts behind I offer to renovate their flat is that: in that case my builder can get access to their flat, in the mean time I could build up the extension I want. And also, the ground floor flat is in poor condition too. I am sensing anyway I need to do somework in the future. I just want to do the renovation work together when I have not moved in.

[zhujier]

I do not know whether the tenant has the sole use of the garden. We do not have any tenancy agreement in place. But the only way to get in to the garden at moment is through the tenant's flat. Or I could put a ladder to climb down from my flat to the garden.

[Moderator1]

Three threads by the same member have been merged here. Please do not start a new thread if you merely wish to continue a previous discussion or report on subsequent developments. It can cause unnecessary confusion (quite apart from losing the connection with facts previously established or legal points previously explained).

[zhujier]

Are there any suggestions what steps should I take to get the tenant to cooperate me to do the renovation work?

[tom999]

Yes, offer him some £££*.



* I don't think it'll be cheap, though.

[zhujier]

How to get market value rent for assured tenancy

For the assured tenancy, the Act said the landlord can get the market value rent. But it does not provide the landlord the right to renovate the property. The ground floor two bed room garden flat in my area are rented 1300-1500PCM. The rent I collected is 730PCM. As there is no central heating system. dated kichen and dated bathroom. I cannot say 730PCM is not fair. I paid 560K for the whole house. The upper floor only worth about 320K, effectively I paid 240K for a flat I can only collect 730PCM rent. And even if I want to build a first floor extension, I cannot do it without the tenant's permission. because I do not get access to the back garden. I am so frustrated. I have to admit I make a stupid mistake buying this house.

[westminster]

The upper floor only worth about 320K, effectively I paid 240K for a flat I can only collect 730PCM rent.

Could be a lot worse, and in the long term there will be capital growth, so it's not a disaster assuming the rent more or less covers that portion of the mortgage. Are you 100% sure that £730 pcm is fair, and you couldn't get a rent increase? I would check this if you haven't and are just making an assumption.

I wouldn't be too downhearted. Concentrate on restoring and generally updating the property, and if it has nice period features, take care to preserve them.

And even if I want to build a first floor extension, I cannot do it without the tenant's permission. because I do not get access to the back garden.

How about extending up into the loft instead? Or another smaller shower/loo squeezed in somewhere instead of the 'family bathroom' you'd like?

[zhujier]

Thank you westminster, the forum is really like my life-saving straw. I have not had my roof checked, so do not know whether it is possible to extend. I am not a professional landlord. I did not prepare myself very well. I think I just see myself as a home owner who is keen to improve my beloved home. But with a sitting tenant, it just make things complicated. I cannot do whatever I want to do with my own house.

Yes, I am going to have the rent reviewed, when I have my renovation work done.

[westminster]

I am not a professional landlord. I did not prepare myself very well.

You need to research the legalities of being a landlord, particular those related to safety, repairs and your rights of access, because ignorance can have very serious consequences (worst case scenario, you can end up in prison).

Reading the forum is a good way to learn, also the Shelter website has a lot of useful information:
http://england.shelter.org.uk/get_ad...ured_tenancies
http://england.shelter.org.uk/get_ad...ns/home_safety

You might also consider joining a landlords' association
http://www.landlords.org.uk/index.htm
http://www.rla.org.uk/

I think I just see myself as a home owner who is keen to improve my beloved home. But with a sitting tenant, it just make things complicated. I cannot do whatever I want to do with my own house.

This is nearly always the case when you live in a flat. If you were a leaseholder, you'd have the freeholder restricting what you can and can't do (like I do). And the Planning Department & Building Control also have the ability to stop you doing 'whatever you want' - it's just life.