Does the "landlord" on a tenancy agreement have to be the owner of the property?

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    Does the "landlord" on a tenancy agreement have to be the owner of the property?

    I am going to manage the property on behalf of my mother (the owner) - can I just put my details on the tenancy agreement or does it all have to be in her name? I realise that lettings agents aren't generally the owners either but in that case do both the contact details of the agent and the owner have to be stated?

    Thanks

    #2
    Landlord does not have to be owner: but needs authority to rent it out (suggest written agreement). Both of you would need to do tax returns. Mortgage & insurance gets complicated
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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      #3
      Many thanks for your reply - that is very helpful. There is no mortgage on the place and my mother is taking out the insurance in her name so that's OK...but tax returns hadn't even occurred to me! I think we'll just keep it simple then and verbally give the tenants my contact details to use in the first instance.

      Thanks again.

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        #4
        Insurance must be "landlord" insurance but mum will not be landlord of occupants. Both of you should speak to specialist broker.
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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          #5
          mmm yes I see what you're saying - but surely in legal terms just me being the first point of contact doesn't necessarily make me the official landlord and hence invalidate the insurance? Couldn't I just be helping her out? Would it make a difference if she put her details but referred any calls on to me? And why would it actually matter to the insurance company?

          Thanks again.

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            #6
            Have "Landlord's Details" on the AST and then you down as "Manager". Get everyone to sign it. Tenants contact the Manager only.

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              #7
              Yes OK that makes sense although still can't see why it matters to anyone that I happen to be helping out?! Many thanks.

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                #8
                A Tenant has the legal right to know who their Landlord is. Might as well get it into the AST, nicely transparent.

                Comment


                  #9
                  Yes fair enough. Just means I won't be able to use the "canned" Rentify tenancy agreement!

                  Cheers.

                  Comment


                    #10
                    Use free gov.uk AST.
                    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                    Comment


                      #11
                      Originally posted by crispy235 View Post
                      Just means I won't be able to use the "canned" Rentify tenancy agreement!
                      So something else good has come out of this then.

                      Comment


                        #12
                        When dealing with short term residential tenancies you need to abide by the following rules:

                        1. Keep it simple

                        2. Remember rule 1

                        3. If you fail to follow rules 1 and 2 do not blame anyone else if it all goes wrong

                        Do not even ask who can or cannot be named as the landlord in a tenancy agreement - just put in the names of those who are the actual landlord.

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                          #13
                          The landlord on a tenancy agreement doesn't have to be the owner of the property. So the simple answer is no.
                          The Landlord is who the rent is payable to and the tenant has to know who that is and where the rent could be paid in cash and where legal notices are served on a landlord.

                          If the OP acts as the landlord's managing agent, they become an agent of the landlord and have a duty of care to them to perform the agreed tasks to a high standard.
                          All agents who manage property must belong to a relevant trade body with a code of conduct and a redress scheme.

                          All the OP has to do is put the proper landlord's name and address on the tenancy agreement and (informally) tell the tenants if they have any problems to call them - and give them their (the OPs) contact details.
                          The tenants can always write to the mother if they want to, but, hopefully, won't need to.
                          You'll find it easier dealing with the council and utility companies as a son helping his mum than trying to explain why the property isn't in your name.
                          It's a family arrangement which is best left informal - with the formality left as it should be, in the contracts.
                          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


                            #14
                            Originally posted by Hippogriff View Post
                            So something else good has come out of this then.
                            lol - so not recommended then basically!

                            Comment


                              #15
                              Thanks jpkeates for the comprehensive answer - makes complete sense. But re myself helping out - you're saying that I have to belong to a trade body whereas my mother wouldn't have to....??

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