Possession order where beneficial interest in house is not in landlords name

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    #31
    Sorry, the current landlord can issue s8 on grounds 8 and 11.
    If the OP were the landlord, 1, 8 and 11 would be possible -
    which makes the agent's advice not to change the landlord worse.

    It's catching.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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      #32
      Thanks jpkeates.

      I'm thinking that maybe I should wait until they are 2 months in arrears next month and then issue notification of change of LL and then S8 notice?

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        #33
        You can't avoid the change of landlord notification.

        Not doing it within two months of the transfer of ownership is a criminal offence with a maximum fine of £2,500
        So that's already a huge potential problem any time anything goes to court.

        I don't know why you don't want to tell your tenants who their landlord is.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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          #34
          That boat has already sailed - it's been more than 2 months since OP became the landlord.

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            #35
            I'm no longer certain who I think is least competent,
            the agents or whoever did the transfer of ownership.
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

            Comment


              #36
              If I understand this then OP has an interest in the property but ex is the owner. Ex is therefore the landlord and all notices should come from him.

              OP can even prepare the notices and ex just signs them no need to complicate matters and inform tenants of change of landlord.
              Any advice I give is my opinion and experience, I am as you also learning.

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                #37
                OP is instructing the agent and receiving the rent. I thought the change occurred when the interest was transferred/created?

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                  #38
                  My ex still had to authorise the agents to communicate via me and he also had to give them separate authorisation to pay the rental income into my account. He then had to authorise notice being served.

                  I will 'own' the house only when I transfer the mortgage into my own name. We did things this way as I am currently a full time student at university so it would have been impossible for me to secure a mortgage.

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                    #39
                    So you are not the LL, but just a benificiary of rent.
                    Until you notify Ts of change of LL, ex is still de facto LL

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                      #40
                      Mariner that's correct. I was just unsure if my beneficial interest in the property would make any difference to the possession order-if I should put my name as the claimant or my ex's name?

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                        #41
                        I reckon your Ex is the owner and landlord all paper work should be prepared in this name you just help to facilitate and see it all through.
                        Any advice I give is my opinion and experience, I am as you also learning.

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