Can I move in with my tenants if I am not currently a live-in landlord?

[llama]

Hi

I own a 4 bedroom property and have rented out all of the rooms separately. I live in a separate property.

3 of the tenants have left recently and the 4th has been given notice to leave as I intend to hand the property over to an agency next month.

I'm wondering if it is a problem for me to move in to one of the empty bedrooms in my property? I intend to redecorate where I currently live, and the other benefit is that I can keep an eye on the remaining tenant to make sure she doesn't have any loud parties (the neighbours have complained about noise previously) or have all of her friends stay in the empty rooms or trash the place (the tenants who left suggested she may do this).

I would like to think that as it is my property I can just move in, but wanted to check this would not be an issue.

Many thanks

[Sad S]

Yes, you could move in to take the place of one of those who has moved out.

What you CANNOT do is alter the terms of the lease of the remaining tenant. And just because you have moved in, that tenant does not become a lodger and lose her status as a tenant.

The fact that you have given the 4th tenant "notice" does not mean that she will leave. Assuming this is an AST in England or Wales, and that your "notice" is a valid S21 notice, it tells the tenant that you intend to go to court to seek a possession order. For such a notice to be valid, any deposit must be protected and the statutory information given to the tenant about this.

[jeffrey]

If the premises are an HMO, and if L did not obtain a Local Housing Authority licence, s.21 cannot be used.