Moving in to Property with tenant

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    Moving in to Property with tenant

    Hello

    I bought a house 3 years ago, It had three tenants with seperate agreements. Each time a tenant left of own accord , i did not re let because I want to live there. So now I am moving in. There is one tenant left. He has been there since 2002. At first i did not mind if he stayed, but He is very hostile and wont speak to me, he pays a very low rent and no bills, and puts the heating on constant, and refused to pay more. I am a single mum and dont feel good around him. He moved in on a six month contract in 2002, and now its a periodic one. I really think i should ask him to leave, but not sure what kind of notice to quit I should serve...because i have just moved in, and i am not sure if his orginal agreement should stay the same, as he also refused to sign any new agreement with me. I am at a loss, and sometimes just dont go home because of the stress...hope.someone can advice me, thank you

    #2
    You say you are moving in?

    Your tenant is not a lodger and you have no right to treat him as one.
    Why should he want to pay more?

    The correct way to get him to leave is to issue a S21 notice and follow that through to a possession order in due course. You could raise his rent by serving a S13 notice of the increased cost.

    I fear you have already done so but the advice is NOT to just move into your property while the tenant is still there, you will be lucky if you are not accused af harassment at the very least.
    You are treading a dangerous path, be careful.
    I offer no guarantee that anything I say is correct. wysiwyg

    Comment


      #3
      My initial reaction was the same as yours jta, but then I wondered whether, if the T's AST was for a bedroom only, and shared use of communal areas, does the LL not have the right to access those communal areas and even live in one of the other bedrooms if she wishes? Some HMO LLs do that.

      I may be completely wrong over this and am happy to be corrected.
      'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

      Comment


        #4
        I think you may be right MTG, but I would not take a chance on it with the info. we have so far. Certainly the OP can serve a S21. and a S13 to her tenant and those would probably encourage him to leave.
        If he goes to someone for advice they would look very closely at the landlady to ensure she was within the laws.
        I offer no guarantee that anything I say is correct. wysiwyg

        Comment


          #5
          I know what you mean and since OP doesn't want to live under the same roof as T anyway, I also would advise her to wait until he leaves before moving in. Otherwise perhaps he stops being a T and becomes her lodger?

          In fact if she has already moved in she may be in a very precarious position legally (i think).

          Someone with more legal knowledge than us, please comment!
          'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

          Comment


            #6
            Even if she has/does move in he remains an AST tenant.

            So deposit if ever paid by him to whichever landlord would need returning, unless previously been correctly protected within 30 days of purchase by her, or any s21 would be invalid.
            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


              #7
              The tenant can't become a lodger if the landlord moves in.
              Whether that's an issue will depend on what specifically the tenant rents.

              And the landlord is best not to move in if they find it stressful.
              It's not going to get any easier, whatever the next stage 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).

              Comment


                #8
                Thank you for all the replies! I should explain the set up of the house a bit more. It has three floors and 11 rooms. When i bought it, it had three tenants all with separate tenancies. Each tenant occupied the rooms on each floor. The current tenant has the rooms on the middle floor. The house has one front door, communal stairs , hall ways, sitting room and kitchen. I think, but not sure, their tenancies are something like..shared occupancy. The attic, and ground floor tenants moved on and i have not re let. Also, about the rent, he does not pay bills, they are all in my name, water, council tax etc. He pays a very low rent, set by previous owner in 2002 and when he moved in, it was a six month fixed contract. I asked very kindly if he would pay more rent, 6 months ago, he refused. He is very hostile to me, one of the tenants , a woman, moved out because she was scared of him. I know i need to be careful, i just need to know the best and legal.way to get him to move on. Thanks.

                Comment


                  #9
                  You acquired a 3 floor property, subject to automatic HMO legislation, unless no of unrelated occupants is <3.

                  Comment


                    #10
                    mariner,

                    What is defined as three floors? - I have a maisonette. The entrance is to the side of the house on ground floor where there is only a small hallway and boiler in cupboard (ie. no bedrooms on this floor). Then 1st floor is the kitchen, bathroom, two bedrooms and a lounge. Then take the next flight of stairs to the loft room and there is another bedroom and bathroom. -- is this considered a "3 floor" property or a "2 floor" -- in that it's habitable only on two floors...

                    Comment


                      #11
                      It's "Storey" not "floor" & "storey" is not defined in the legislation. But only applies to the dwelling - how many storeys in the maisonette (not the building)?

                      This may be helpful
                      http://nearlylegal.co.uk/2014/03/whe...-not-a-storey/
                      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


                        #12
                        Thanks for that Art.

                        Ok, from reading it, -- my maisonette is on two storeys -- 1st and 2nd. The Ground floor entrance door and hallway leading to the first flight of stairs (to the 1st Storey) is considered an "access way".

                        The relevant passage is...

                        Therefore the stairs and mezzanine were not storeys in an ordinary English sense. It was telling that Bristol had accepted that if the stairwell was not expressly demised to the upper maisonette they would have not argued at all that the stairs were storeys for this purpose. Additionally, living accommodation does not normally include stairs and lobbies. They are access ways that serve that accommodation but they are not a part of it.


                        I have another flat in a house that is comprised of three floors or storeys (ground + 1st floor + 2nd floor). My flat is on the top floor, or one could say the 2nd storey. Now to get to my flat you have to go through the main front door on ground floor, go up the stairs to the right (as if you go left that leads to the ground floor flat), to the first floor where then there is a shared landing. To the right of the landing is the entrance to Flat 2. Go left and the Flat 3's door, where there is a small hallway leading to the stairs that go up to the third floor or Second storey. Now as all the bedrooms and living room, bathroom and kitchen are on this storey, my flat is only on One storey. Not three as the other 2 are for access only...

                        Comment


                          #13
                          Now you're describing them as 'flats', are they each completely self-contained? This makes a big difference than if they are merely rooms.
                          I offer no guarantee that anything I say is correct. wysiwyg

                          Comment


                            #14
                            The different sort of tenancies outwith normal AST tenancies complicates things somewhat I think.

                            It's possible moving in comprises the 'AST' status of the room(s) only tenancy. I wonder whether a section 21 can be served legally now Sandie moaz has moved into the property?

                            Safest to move out. Serve s21, and move in on completion of removal of tenant.

                            Comment


                              #15
                              Sandymoaz,

                              You need to know what type of tenancy the remaining tenant has - do you have a copy of their tenancy agreement?
                              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

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