Can a LL move back in ?

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    Can a LL move back in ?

    So this is hypothetical, but lets say your tenant won't move out. The contract has finished but they won't go. Is there any law that prevents you from moving back in to your house - even though the tenant is still there ?

    #2
    Yes, just slightly mind....:

    (At least..) 3 laws,....

    s5(1) of Housing Act 1988
    see
    http://www.legislation.gov.uk/ukpga/1988/50/section/5
    5 Security of tenure.

    (1) An assured tenancy cannot be brought to an end by the landlord except by—

    (a) obtaining—

    (i) an order of the court for possession of the dwelling-house under section 7 or 21, and

    (ii) the execution of the order, ...etc etc etc etc...,
    NB "execution of order" is baliffs or HCEO doing their lawful business....


    &
    Protection from Eviction Act 1977
    &
    Protection from Harassment Act 1997

    (there's bound to be more..)

    Ever done any training in how to be a landlord??

    NB The last 2 come with criminal convictions: Landlords can & have been sent to jail for such actions: (IMHO quite rightly...)

    Best regards
    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


      #3
      Originally posted by Umpa View Post
      Is there any law that prevents you from moving back in to your house - even though the tenant is still there ?
      Yes, of course there is. I do hope you aren't a landlord ...

      Comment


        #4
        Originally posted by StuartH View Post
        Yes, of course there is. I do hope you aren't a landlord ...
        Of course I am, so you will be disappointed lol. The question is hypothetical so there is no need to digress

        I was looking at if from not trying to evict them point of view, or harass them, but purely from the point that you might need to live somewhere and they should not be there - kind of like squatting. I was just interested thats all.

        They might have rights to be there, and this is not in question - but can they stop the LL from living there too ?

        I already guessed the answer would be that you can't - but I wonder which particular part of the law prevents you.

        Comment


          #5
          Protection from Eviction Act 1977

          If any person unlawfully deprives the residential occupier of any premises of his occupation of the premises or any part thereof, or attempts to do so, he shall be guilty of an offence unless he proves that he believed, and had reasonable cause to believe, that the residential occupier had ceased to reside in the premises.
          (3)If any person with intent to cause the residential occupier of any premises—
          (a)to give up the occupation of the premises or any part thereof; or
          (b)to refrain from exercising any right or pursuing any remedy in respect of the premises or part thereof;does acts calculated to interfere with the peace or comfort of the residential occupier or members of his household, or persistently withdraws or withholds services reasonably required for the occupation of the premises as a residence, he shall be guilty of an offence.
          If the contract was an assured shorthold tenancy it cannot "finish" without the tenant's consent (or because they serve notice or a court says so).
          So they have every right to be there and are not squatters (who are people occupying a property to which they previously had no right to occupy).
          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


            #6
            One of the requirement for there to be a lease in the first place is rights of the tenant to exclusive possession, so no the landlord cannot just move in as well either.
            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


              #7
              Originally posted by Umpa View Post
              They might have rights to be there, and this is not in question - but can they stop the LL from living there too ?
              I'm intrigued by what is being proposed. Is the landlord intending to stay in the T's spare room, or sleep on his sofa?

              Comment


                #8
                Ok - not squatters - fair enough. However I am unsure if that answers the original question. Remember this is only hypothetical, so anyone wishing to contribute should not pass nasty comments.

                So - if you are no way preventing them from living there, not trying to evict them harass them, but just require somewhere to live, and they are not paying rent - have no current tenant agreement - can they stop you from moving back in ? - and if they can under what article ?

                Comment


                  #9
                  Originally posted by KTC View Post
                  One of the requirement for there to be a lease in the first place is rights of the tenant to exclusive possession, so no the landlord cannot just move in as well either.

                  I see - I guess thats that then.

                  The reason I don't know any of this is because my properties are managed for me. I just provide maintenance.

                  The thought occurred whilst watching slum tenant - nightmare landlords on telly.

                  Comment


                    #10
                    Originally posted by Umpa
                    Of course I am, so you will be disappointed lol. The question is hypothetical so there is no need to digress

                    I was looking at if from not trying to evict them point of view, or harass them, but purely from the point that you might need to live somewhere and they should not be there - kind of like squatting. I was just interested thats all.

                    They might have rights to be there, and this is not in question - but can they stop the LL from living there too ?

                    I already guessed the answer would be that you can't - but I wonder which particular part of the law prevents you.
                    As posted the 1977 Protection from eviction act

                    Plus http://www.legislation.gov.uk/ukpga/1988/50/section/27

                    Where a LL can be sued for damages as well....
                    Thunderbirds are go

                    Comment


                      #11
                      Originally posted by StuartH View Post
                      I'm intrigued by what is being proposed. Is the landlord intending to stay in the T's spare room, or sleep on his sofa?
                      lol - no I had not got that far in to the thought process. Good job it's not a real scenario.

                      Comment


                        #12
                        Originally posted by Umpa View Post
                        Ok - not squatters - fair enough. However I am unsure if that answers the original question. Remember this is only hypothetical, so anyone wishing to contribute should not pass nasty comments.

                        So - if you are no way preventing them from living there, not trying to evict them harass them, but just require somewhere to live, and they are not paying rent - have no current tenant agreement - can they stop you from moving back in ? - and if they can under what article
                        Moving in with the tenant is harassment. Full stop.

                        How can someone not have a current tenant agreement - they don't end unless someone does something to end them?
                        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


                          #13
                          Originally posted by Umpa
                          So this is hypothetical, but lets say your tenant won't move out. The contract has finished but they won't go. Is there any law that prevents you from moving back in to your house - even though the tenant is still there ?
                          hypothetica, how many times have we sean that word used on forums over the years !
                          Thunderbirds are go

                          Comment


                            #14
                            Originally posted by 45002 View Post
                            As posted the 1977 Protection from eviction act

                            Plus http://www.legislation.gov.uk/ukpga/1988/50/section/27

                            Where a LL can be sued for damages as well....
                            Yep just read that, I see why the letting agency said that the law is fully on the side of the tenant - lol

                            Comment


                              #15
                              Originally posted by 45002 View Post
                              hypothetica, how many times have we sean that word used on forums over the years !
                              I can't answer that, but I ask that you don't take this to literally.

                              Comment

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