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

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    #16
    Originally posted by crispy235 View Post
    lol - so not recommended then basically!
    Don't worry about me, I just prefer to write my own... others certainly don't.

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      #17
      Originally posted by crispy235 View Post
      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....??
      Unless you live in an area where the council has a compulsory licensing scheme, there is no registration or training needed to be a landlord.
      To be someone who manages property on behalf of someone else, you do.

      The idea is to register people who do it for money, but there's nothing that I've read that makes me think doing it for nothing excludes someone.
      And enforcement is sketchy to say the least - I don't imagine hordes of council workers swarming the building anytime soon!

      My suggestion is to do it informally.
      Let your mother be on the paperwork and receive the rent and you help.
      No paperwork, no tax issues, no difficulty.
      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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        #18
        The point was discussed recently, but whether in this forum or another I cannot recall. The legaislation is not crystal clear, but it seems there is no need to register if you are looking after just one property for a friend or relative and not getting paid for it.

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          #19
          Ah, interesting.

          It's pretty much untested anywhere but Newham as far as I can see.
          And even in that hotbed of landlord hatery, I'd imagine there's a way to go before they get to unlicensed relations helping out.
          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


            #20
            The law is clear that if you perform the work of an agent as a business then you must be registered with a redress scheme.

            This obviously leaves the door open to reasonably claim that doing it free of charge to help someone is not a business, and thus that there is no requirement to register.

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              #21
              Just get mother to appoint you as her unpaid 'managing agent'.
              She remains LL, resp for tax, repairs etc, you are listed on AST as 'Address for Service of Notices'. Then up to OP to liase withTs Not that hard to sort out. Many Will Trustee's/non-professional Will Executors are/will be in the same situation.

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                #22
                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.

                If you do the above there is no need to worry about the law of agency and how it applies as between an agent and a tenant. However, some seem intent on complicating things so here is why you need to keep things simple and keep the name of any agent out of a tenancy agreement and provide for the actual landlord to be the landlord named in the agreement.

                Never mind about whether someone who is not the landlord can be named as landlord, a tenancy agreement is not just a document which leads to the creation of an interest in land but also a document which imposes contractual obligations on the parties. If there is no indication that the person named as landlord is not in fact the landlord, then, so far as the tenant is concerned, that person has taken on the landlord's obligations. An agent, whilst he may be entitled to be indemnified by the landlord, can therefore find himself in the postion of having all the obligations of a landlord but none of the benefits. If the agent identifies himself as such there is probably no problem, but you open the door to an argument. Keep the door shut by keeping things simple.

                We have seen cases where county court judges have thrown out applications where the name on the application does not match that on the tenancy agreement. The fact that the judge may be wrong to do so does not help if you have to contest the decision or start all over again.

                Whilst there may be circumstances (such as here) where it is in everyone's interest to encourage the tenant not to deal with the landlord, you cannot, where a tenant is determined to learn who the landlord is and his actual address, decline to provide the information. Since therefore there is absolutely no benefit in keeping the landlord's name off the agreement and problems can arise if you do, the only sensible way to proceed is to not even ask who can or cannot be named as the landlord in a tenancy agreement, but just put in the names of those who are the actual landlord.

                As suggested, there is no reason why the landlord's address for service of notices cannot be that of the agent. However, it is still the case that if the tenant asks for the actual address it must be given.

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                  #23
                  Thank you for all of your comprehensive answers - which (for a change on forums) are all pretty much consistent! I will ensure my mother is the official LL in all documents but give the tenants my details and politely request that they contact me in the first instance on any matters.

                  Thanks again all for your time.

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