Resident landlord status?

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    Resident landlord status?

    If a person buys or inherits a residential property containing a rent act tenant and moves into that property as her main residence, does she immediately become a resident landlord and have the rights to move the tenant out after an agreed period of notice.

    Thanks

    #2
    Have you actually looked into the rights granted to a Rent Act Tenant?? If I was a Rent Act Tenant I would be taking legal action against any LL who tried to move into my home ....

    In short, it maybe your property but it is the Tenants' home and a Rent Act Tenant has far more rights that an AST tenant and even they are protected from a LL just "moving in" ...

    I suggest you research this thoroughly.
    Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE

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      #3
      Having read your previous posts, I have to ask why are you so intent on illegally evicting your tenants? I think the members are entitled to know this because no one here is going to advise you to break any landlord/tenant/housing laws.

      Put removing tenants out of your thoughts. Instead you should focus on learning about your tenants' rights (and yours for that matter) and learn how to effectively manage your inherited property. If you don't think private landlording is for you then sell it to an investor.

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        #4
        Tuh!

        I'm not interested in ILLEGAL, I'm just trying to find a LEGAL way of removing a tenant who's only aim is to take me to the cleaners. I've tried to sort this out in a fair and honest way and it just doesn't work. If there is no LEGAL way of doing it, then yes I will probably end up selling to a property developer who will more than likely use ILLEGAL bully boy tactics to remove the tenant. So please both of you get off your high horses!

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          #5
          You're trying to find a way to sell an inherited property at full price (vacant) rather than with a discount because it's tenanted.

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            #6
            You are not going to gain any good advice by insulting long established senior members of the forum. And as far as I can see your question has been answered on your last thread - seems to me you just want to keep asking until you get the answer you want, rather than the correct one.
            Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

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              #7
              Moving into your Tenants Home without their permission IS illegal and this is precisely what you are asking us to condone.

              By us stating that, is not being on our "high horse" as you put it. We are merely telling you as it is. Obviously you don't like it.

              If you want to find a "legal" way of removing them, pay a solicitor and ask their advice. Personally, I think your choices are limited.

              Originally posted by a-landlord View Post
              I'm not interested in ILLEGAL, I'm just trying to find a LEGAL way of removing a tenant who's only aim is to take me to the cleaners. I've tried to sort this out in a fair and honest way and it just doesn't work. If there is no LEGAL way of doing it, then yes I will probably end up selling to a property developer who will more than likely use ILLEGAL bully boy tactics to remove the tenant. So please both of you get off your high horses!
              Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE

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                #8
                Legal Lateral Thinking

                Here's a legal suggestion. Find out if your tenants are open to be financially compensated to give up the tenancy and move elsewhere. If they say "no", then that's your options used up.

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                  #9
                  Look - you will have to accept that rookie landlords will have nowhere near as much Landlord/Tenant experience as you LONG STANDING SENIOR members. The whole area is an absolute minefield and not at all easy to know what ones rights are or what is legal or illegal. There is supposed to be something called ettiquette when answering forum posts. If I'd received a polite warning rather than something like "why are you so intent on illegally evicting your tenants", positive communication would have followed. If you are going to reply to a post, please allow a person some integrity before making assumptions. Remember innocent until proven guilty!

                  You'll be glad to know, this is the last post I'll be doing on this site, I'll leave you to your SENIOR MEMBERS CLUB!

                  Goodbye

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                    #10
                    We know you're still reading...

                    Just one minute, so that you know. If you had phrased your question differently, perhaps members would not feel what I think is outrage. If you had not repeated the same question on more than one thread apparently looking for a different answer - then maybe you'd have had responses with a lighter touch but the answer would be essentially the same.

                    Sometimes the intonation of written communication can be misinterpreted and everyone will react differently, but there's no point in getting upset about it.

                    In the property world, we are fighting a constant battle against landlords and tenants who flout the law and tar the good people with their dirty brush.

                    From one landlord to another: be professional and know your rights and your tenants' rights.

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                      #11
                      But, I think the main point was why ask the question again when someone had already answered elsewhere?
                      Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

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                        #12
                        I agree with Poppy and said as much in my first reply .. Research your position as a Rent Act LL and your Tenants rights as a Rent Act Tenant ( or any other tenancy status come to that).

                        You are asking this forum to give you the benefit of their experience and advice. However you phrase the question will NOT alter the replies which are BASED ON LEGISLATION and NOT an individual personal opinion.

                        To be honest, if this is how you are trying to communicate with the tenant, it is hardly surprising that you are meeting a brick wall.

                        Additionally, if this is how you try to communicate with the Tenant, it could be classed as harassment which, in case you didn't know, is not only illegal, it is a criminal offence.

                        Apologies in advance if this has upset your finer sensibilities.

                        PS. "Ignorance is no defence in law" .. well worth remembering ....
                        Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE

                        Comment


                          #13
                          This is not something the courts would agree with. There are over 110,000 properties in the UK with protected tenants the majority of which are still owned by individuals like yourself. If it were feasable to obtain vacant possesion by moving in to part of the property, more and more landlords would be doing just that.

                          In my experience, landlords must reside within a dwelling prior to the tenant taking occupation of part of the property. This would be regarded as the landlords sole residence for which he is entitled to possession

                          We are a specialist investment company that buy many properties with tenants. Our service is free and without obligation. If you would like us to make an unconditional offer for your property, please contact us on 0845 2570170. Lines are open 7 days a week from 8am until 10pm. We ask a few questions and will make a no obligation offer within 24 hours of your call.

                          mail@magnaproperty.co.uk

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