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Jul, 2014

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  1. #1

    Default Buying a house with a protected tenant.

    Yes I'm serious!

    There seems to be a lot of expertise here and all the google searching can't answer my questions.

    It's a large house. 4 Floors, 12 rooms, 1 sitting tenant with use of one floor. I intend to make an offer on the property.

    Can I do the following, does anyone know:

    1)After buying, am I able to move in with my family, living 'with' our tenant.

    2)Request (legally enforce?) to move our tenant from an upper floor to the ground floor (the ground floor is considered superior in the opinion of most, bigger windows, higher cielings etc), so I can isolate the upper floors for myself.

    Any advise greatly appreciated.

  2. #2
    Join Date
    Feb 2006
    Posts
    3,343

    Default

    Quote Originally Posted by Harper's Ash View Post
    Yes I'm serious!

    There seems to be a lot of expertise here and all the google searching can't answer my questions.

    It's a large house. 4 Floors, 12 rooms, 1 sitting tenant with use of one floor. I intend to make an offer on the property.

    Can I do the following, does anyone know:

    1)After buying, am I able to move in with my family, living 'with' our tenant.

    2)Request (legally enforce?) to move our tenant from an upper floor to the ground floor (the ground floor is considered superior in the opinion of most, bigger windows, higher cielings etc), so I can isolate the upper floors for myself.

    Any advise greatly appreciated.
    Do you have the original tenancy agreement?
    It depends how the agreement is worded, but if the T only has exclusive possesion of some of the rooms, you may be able to use the others yourself. But you will have to be careful that you do not interefere with his quiet enjoyment in a way that may be perceived as behaviour to make him want to leave..hence illegal eviction.

    You can ask him if he would consider moving down; but he will still be an assured tenant with security of tenure...it will not become an AST or contractual tenancy which you can end willy nilly.


    Seek legal advice before you move in
    All posts in good faith, but do not rely on them

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  3. #3

    Default

    Thanks for this.

    The estate agent tells me there's no paperwork whatsoever! And the tenant's been resident since pre-1989. So the fact he has one floor to himself is word of mouth.

    If the tenant did move to the ground floor as my wish I'd be very satisfied and write off that floor for life.

    Can I beg one more Qu.
    What happens in this case where no contract/paper trail can be located, therefore no proof of first date of entry and no proof of which part of the house can reside? If it makes any difference, there is one other tenant on an AST on another floor.

    Thanks

  4. #4
    Join Date
    Jan 2005
    Location
    Midlands
    Posts
    2,216

    Default

    You can bet your sweet bippy that if you attempt to alter your tenant's rights the necessary supporting paperwork which supports his original ones will appear like magic!

    P.P.
    Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

  5. #5
    Join Date
    Jul 2008
    Location
    Yorkshire
    Posts
    24,592

    Default

    Quote Originally Posted by P.Pilcher View Post
    You can bet your sweet bippy

    P.P.
    Is this an anatomical reference? Have I led a very sheltered life?

  6. #6
    Join Date
    Sep 2006
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    Here & There
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    1,450

    Default

    The price you are buying for should be refected due to there being a protected tenant. Have you thought about buying him out? 5k or even 10k isnt that much when you consider the price should have been reduced at least that amount due to the tenant situation which would have put off a lot of buyers.

    If you can go down that route you could then get another tenant on your terms and maybe paying a lot more rent.

  7. #7
    Join Date
    Jul 2008
    Location
    Yorkshire
    Posts
    24,592

    Default

    I'm not suggesting for a moment that OP would do this, but I wonder at what point offering to buy out a sitting tenant tips over into putting pressure on them to accept the sweetener and from that into a scenario which might be construed as illegal eviction...? Tread carefully down this path - probably best done through solicitors?

  8. #8

    Default

    Thanks All.

    The property is significanty underpriced (£200k-£300 under).

    The tenant is a 'hermit' chap and I don't think would be interested in any amount of cash or buying out deals. He's with us till the end! But that's OK if he moves to the ground floor.

    As for the the paperwork, Pilcher, that's quite a worry. I could buy, then the paperwork appears stating he's got the entire property! Then I can't even move in.

    What a law!

  9. #9
    Join Date
    Feb 2006
    Posts
    3,343

    Default

    You should then scrutinise the other AST; there cannot be 2 tenancies on the same area.
    All posts in good faith, but do not rely on them

    * * * * * ** * * * * * * * * * * * *

    You can search the forums here:
    http://www.landlordzone.co.uk/forums/search.php

  10. #10
    Join Date
    Sep 2006
    Location
    Sheffield
    Posts
    39,411

    Default

    Quote Originally Posted by mind the gap View Post
    Is this an anatomical reference? Have I led a very sheltered life?
    Refer to Rowan & Martin's Laugh-in, where it was a catchphrase. Try http://uk.ask.com/web?q=%22Rowan+and...=196&o=0&l=dir

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