SMF - Just Installed!

Originaly AST but now im a live in landlord

Started by justinp, December 19, 2012, 07:19:14 PM

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justinp

Hi All!
This my first proper post although i have just tried to help another menber!

I recently rented out a couple of rooms in one of my properties on ASTs that have not run out.
However i have now moved into the property and im now a live in landlord.

One of the Ts is noisey at night and does not clean up after her self and is generaly not a nice person so i would like them gone ASAP.
The original AST has not expired but im now a live in landlord.

Does the fact the situation has changed (me being live in) over ride the AST as its no longer valid or does it remain in force?
Im sure plenty of people will have an opinion on this but does anyone actualy know legaly my situation?

Many thanks in advance
justin

WayneT

Hi Justinp,

As far as I am aware, the tenancy is still an AST.  the change in your circumstances does not auto change the tenancy type.

Thank you

Wayne

LORD LANDY

Hi the tenancy(s) is/are still in force. if theres no tenancy ie a paper one ,an automatic one is created in law whether you put it in writing or not. hence the reason why when you have children over 17/18 they have to sign in front of solicitor to say they will not remain in a property if its repossessed!

also if you have moved into your own property and its on a buytolet mortgage most buy to let mortgages exclude owner occupancy!!
this is because its harder to repossess if its your own home.

if its a residential mortgage but youve let it out then you should be ok under the rent a room scheme and you can get  100% tax relief on at least one of the rooms! either way make sure you have landlord insurance but again check that it allows owner occupancy. you ought to be able to get the tax relief if its a buy to let loan as well if you live there. check it out with your accountant.

you have to do the usual notice procedure to get one out.