Can I evict tenants independently if I need to?

Can I evict tenants independently if I need to?

13:01 PM, 20th April 2023, About 11 months ago 10

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Hi all, I have 3 bedroom house with a self contained unit. I want to let each one separately but lenders say I have to have one AST for both.

The self-contained unit has its own electricity meter and no gas. It also has a separate entrance from the main house.

My question is, how can I achieve that in a legal way so that I could evict any one of tenants independently if I need so?

Alternatively, is there any other way to do this and satisfy the lenders?

Thank you,

Jan


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Comments

paul kaye

11:35 AM, 21st April 2023, About 11 months ago

are you saying you have 3 bedrooms to let out in one house,well this will need to be an HMO and you must follow all the rules and conditions.
Google HMO's

Graham Bowcock

11:37 AM, 21st April 2023, About 11 months ago

Is this a question you have asked on another poreprty forum? Responses there indicate the issues you have and the lack of information for anyone to give you informed advice. You'd be best speaking to a good local agent (maybe a chartered surveyor) to go through all the twists and turns of you case.

Judith Wordsworth

11:56 AM, 21st April 2023, About 11 months ago

Is the water to the self-contained unit on a separate supply? Has it it's own property reference for Council tax?

If these are in place then cannot see why your lender is objecting.

Are you proposing to rent out the 3 bedroom property to a family? Or 3 unrelated adults? If the latter then you need to comply with HMO regulations. If the former then "ordinary" rental regulations.

howdidigethere

12:13 PM, 21st April 2023, About 11 months ago

Lenders need ASTs because that is in keeping with the mortgage contract which will stipulate that ASTs need to be used.

Insurance companies will also require the use if ASTs or you may risk them not paying out.

I do not see this as a HMO as you are just doing two contracts. Depending on access to the unit will depend on Contractual Right of Access to the tenant, duplicated in the house contract for clarity.

The trap we are in is that those who create "laws" make the matrix near impossible to escape from. They make you use their version of the law so as to comply with and get remedy from (not so easy) and be locked into the financial grid that is all governed in the matrix of legislation.

There is the ability, I believe, to create a Private contract that is not governed by legislation, but it will be governed by the laws of England And Wales which is bound in contractual law and equity.

Full disclosure of this type of contract would be necessary to all parties, and all parties would have to accept the terms freely.

The problem we have is that we have all been so dumbed down and penned into a big brother nanny state that we are not allowed or given the education on how to govern ourselves. We are considered to be incompetent and therefore we need the "guidance" of legislation to create the rails by which we are controlled.

A Private contract, would give you the force of law against trespass should a tenant damage or remain in occupation outside of contract.

99% of people can not operate, or even know there is a world outside of .gov, so they will just be skeptical of you and worry they are being scammed.

This is not something to enter lightly. If it is something that interests you, you need to learn the law (not so hard) and enter any contract will your due diligence and full liability for any wrongs.

In effect, no one these days is prepared to take full liability for their actions and non-actions, so we remain in the big brother nanny state.

Good luck.

David Houghton

13:10 PM, 21st April 2023, About 11 months ago

As i Read it you have two self contained units in a 3 bedroom house or a self contained unit (granny annexe or similar) attached to a 3 bedroom house.
At the discretion of the Council or the VOA, they can be two separate appurtenances, each liable for their own councils tax if that is what you want.
You can let out each appurtenance on a separate ast. If the occupiers are unrelated and depending on the date of conversion you may have a s257 Hmo. Even though no facilities are shared. So check that out. Not aware of lenders restricting separate appurtenances as long as you have an ast. If they share utilities you may need to make suitable arrangements

Chris Kelly

20:46 PM, 21st April 2023, About 11 months ago

This cannot be mortgaged with a standard buy-to-let mortgage. And I doubt a standard HMO mortgage either because of the separate entrance. Most likely you need a “multi-use” mortgage and would need a commercial broker for this.

It just comes down to the type of product your mortgage is and what conditions the lender has.

SCP

9:21 AM, 23rd April 2023, About 10 months ago

Reply to the comment left by David Houghton at 21/04/2023 - 13:10
Do Councils and the VOA use the term hereditament?

Freda Blogs

11:27 AM, 23rd April 2023, About 10 months ago

Reply to the comment left by SCP at 23/04/2023 - 09:21
Yes.

Graham Bowcock

15:09 PM, 23rd April 2023, About 10 months ago

Reply to the comment left by David Houghton at 21/04/2023 - 13:10
Many lenders do impose restrictions. It sounds like they only want to lend on a single AST in this case, hence the OP looking at a solution.

Graham Bowcock

15:11 PM, 23rd April 2023, About 10 months ago

Reply to the comment left by howdidigethere at 21/04/2023 - 12:13
It would be interesting to hear a lawyer's take on this comment. After 35 years of providing housing advice I have no idea what this comment is about. Is it wishful thinking? There is clear legislation in the UK in respect of housing.

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