Flat was previously landlord's home - what effect does this have?

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    Flat was previously landlord's home - what effect does this have?

    Very long re-entry clause that also covers right of mortgage holder to take possession. Does thi mean less security of tenure? 1 mnth AST,England, no break clause. Multiple tenancy, rent paid monthly, starting soon.

    #2
    Ground 1 & Ground 2 of Housing Act 1988? That's still 2 months notice, then court.

    http://www.landlordlawblog.co.uk/201...wner-occupier/

    http://www.landlordlawblog.co.uk/201...itled-to-sell/
    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

    I do not answer questions through private messages which should be posted publicly on the forum.

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      #3
      Can they give that notice within the first 6 months or are the tenats still reasonably safe for that period (assuming they pay rent and dont do anything against the agreement?

      Comment


        #4
        Not much to go on, please complete & paste http://www.landlordzone.co.uk/forums...ll-new-posters
        The notification of Section 1 or 2 grounds in orig AST is a requirement of related legislation for LLs to use this for repo if nec.
        Has a s8 yet been served citing these Grounds, if so when?
        s21 requirements should remain unaffected. IMO

        Comment


          #5
          Apart from my keyboard sticking and hence not saying the AST term is 12 months all relevant information was in my post. The tenancy has not yet started therefore obviously no section 8 served, the contract contains a long clause that is the notification required before the landlord could serve a notice. I simply want to know if this gives a good tenant less rights.

          Comment


            #6
            I think the answer is yes, but not much. Sounds from your post like it's an HMO so probably less likely that LL will want to re-occupy

            Comment


              #7
              It doesn't give any less rights.
              I don't think it gives anything over and above what a Sec 21 gives.
              Allow tenants to protect their own deposits. I want free money when they do it wrong

              Comment


                #8
                The main difference between grounds 1 and 2 is that ground 2 is available during a fixed term whilst ground 1 is not. A procedural difference is that for ground 2 to be available you have to have served a ground 1 notice (unless the court says otherwise). For ground 2 to be available the mortgage must have been granted before the tenancy began and the lender must want to sell pursuant to its power of sale.

                Comment


                  #9
                  Originally posted by buzzard1994 View Post
                  Apart from my keyboard sticking and hence not saying the AST term is 12 months all relevant information was in my post. The tenancy has not yet started therefore obviously no section 8 served, the contract contains a long clause that is the notification required before the landlord could serve a notice. I simply want to know if this gives a good tenant less rights.
                  Thanks for the clarification, that helps.

                  The simple answer is yes.

                  The longer answer is yes, but not much, and you're over worrying about it. Ground 1 cannot be used during the fixed term. You have less rights in that AFAIK non-compliance with things like TDP etc. that would prevent a Section 21 would not prevent Ground 1, but as stated above it's still 2 months notice and then court. And actually in this case, the LL cannot use accelerated possession so it'd actually take longer. Ground 2 can be use by the mortgage company at any time, but only to repossess the property for sale with vacant possession, in practice when the LL has defaulted on their mortgage payments.
                  I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                  I do not answer questions through private messages which should be posted publicly on the forum.

                  Comment


                    #10
                    Thanks for that. They are finally moving in today - landlord has, I think, done the right things with gas certificate. deposit protection, right to rent booklet so should be in a position to issue section 21 notice if they needed to. Tenants have every intention of paying rent so provided the landlord hands that on to their mortgage company they should be able to avoid the risk of repossession.

                    I'm concerned because the flat was advertised for sale before they decided to rent it - and the young people want a tenancy that can last for 3 years and maybe more if they find jobs in London. I'd like to be sure they had at least 6 months!

                    Comment


                      #11
                      Originally posted by buzzard1994 View Post
                      the flat was advertised for sale before they decided to rent it
                      Did the tenants know this before they made an offer for the flat?

                      Comment


                        #12
                        Who is buzzard1994 in this scenario - LL, T, Agent. T friend?
                        AFAIK LL cannot use s8,g1 if he he does not intend to reoccupy as primary residence before selling.
                        No T can expect to rent for longer than 6 months/fixed term/break clause.

                        Comment


                          #13
                          Originally posted by Mrs Mug View Post
                          Did the tenants know this before they made an offer for the flat?
                          Don't think so, told later.

                          I'm guarantor for them and there is no break clause.

                          Comment


                            #14
                            Originally posted by buzzard1994 View Post
                            the young people want a tenancy that can last for 3 years and maybe more if they find jobs in London. I'd like to be sure they had at least 6 months!
                            As they have an AST for 12 months, that's the only guarantee they've got. As they approach the 12 month mark, they should make sure that they've got a months rent and deposit saved.

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