For removing unwanted tenants - any difference between furnished or unfurnished?

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    For removing unwanted tenants - any difference between furnished or unfurnished?

    We have adapted a part of our mother's home to create a furnished flat for a carer when and if she needs it. (Shared entrance to the house, separate living room, bedroom, kitchenette, shower room and utility room). Until she needs a carer we are letting it, have done so twice and are now seeking another AST tenant. However, it is quite hard to find someone who would make a good neighbour to an old lady who also wants furnished rooms. If my mother lets this Flat unfurnished, will this make it easier or more difficult to remove a tenant or will it make no difference?

    #2
    Originally posted by paddy View Post
    If my mother lets this Flat unfurnished, will this make it easier or more difficult to remove a tenant or will it make no difference?
    No difference... unless anybody thinks that in the scenario you describe it could make the difference in status between AST tenant vs lodger? Wouldn't have thought so myself.

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      #3
      Furnished / unfurnished makes no difference to tenancy rights. It has a small bearing on the tax situation.

      We need to explore further, but although this is a tenancy, I am not convinced it is an AST and the occupant may be simply an 'excluded tenant' under the 1977 Protection from Eviction Act.

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        #4
        Originally posted by Snorkerz View Post
        I am not convinced it is an AST and the occupant may be simply an 'excluded tenant' under the 1977 Protection from Eviction Act.
        Assuming the rental property is self-contained (as it would appear to be), and assuming the mother is the LL, then it cannot be an assured [shorthold] tenancy due to paragraph 10 Schedule 1 Housing Act 1988, because the LL is resident in the same building. However, it would not be an excluded tenancy under PEA 1977 because the LL does not share any accommodation with the tenant. It would be a common law tenancy, court order required to evict.

        Originally posted by paddy View Post
        If my mother lets this Flat unfurnished, will this make it easier or more difficult to remove a tenant or will it make no difference?
        No difference.

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