Would it help the situation if I become a live in landlord?

by Readers Question

7:17 AM, 16th July 2019
About a month ago

Would it help the situation if I become a live in landlord?

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Would it help the situation if I become a live in landlord?

I am become a member of Property118 a few years ago. It’s my first time to creating an article. I have a problem I hope other members can help me with or give me some advice.

I have a HMO house. There are 3 tenants in the house. One of the tenants became a problem tenant. He is really untidy and brings a dog in without me agreeing. It makes the house even more of a mess.

My other tenants find it hard to live with him and another tenant has given me notice wanting to leave. I know who caused this problem, so I have given the problem tenant 2 month’s notice (section 21) to ask him to move out.

My worry is if he stays on after 2 months and I have to take him to court!

Because the other room is empty, if I move back in the house. Would the situation become better for me?

The house would become my residential. If he is still awkward, can I call the police to move him out of the house?

Many thanks

Sophie



Comments

Neil Patterson

7:21 AM, 16th July 2019
About a month ago

Hi Sophie,

I am sorry you are having problems.

It is an interesting question, but moving in could be fraught with danger. I would want to seek professional advice first from someone like Paul Shamplina's Landlord Action who could just assist you with the eviction of the existing tenant rather than taking such extreme action as moving in yourself. I am sure it would be quicker and cheaper and more successful.

Mark Alexander

8:58 AM, 16th July 2019
About a month ago

Hi Sophie

I agree with everything Neil has said.

I totally understand the angle you are considering, but given that the AST was created prior to being a live in landlord is a bit of a grey area to me. Live in landlords do have more rights, but the situation you have described is far from the norm.

Ian Narbeth

10:14 AM, 16th July 2019
About a month ago

Hi Sophie
Short answer is that it will not help you legally to move into the house. You cannot change the tenancy status by moving in.
If you have a buy to let mortgage, you will almost certainly be in breach of the mortgage conditions by living in the house.
You say you "have given the problem tenant 2 month’s notice (section 21) to ask him to move out". Have you taken professional advice? It is not just a case of sending a letter to the tenant. You need to check you have given the tenant all the requisite paperwork (GSC,EPC, Right to Rent Guide etc.) and protected the deposit correctly. Slip up and you will be ambushed in court. You may also want to bring a claim under section 8 for him having a dog (assuming your AST forbids pets).

Sophie Liu

12:16 PM, 17th July 2019
About a month ago

Reply to the comment left by Neil Patterson at 16/07/2019 - 07:21
Thank you. I have contacted landlord action.

Sophie Liu

12:35 PM, 17th July 2019
About a month ago

Reply to the comment left by Ian Narbeth at 16/07/2019 - 10:14
Thank you for the advice. I did give him EPC and right to rent (May 2019 edition ) by email and I putted his deposit in with DPS within 14 days his AST start. GSC alway been in the house, so I have not sent him one by email. also the GSC is due to renew. The plumber come out this Friday to do it. I have the EPC when I bought the house, after I renovated, I did not doing a new EPC. I just release the EPC is Brand G. I think I may need get new EPC done, then give him section 21 again. Thanks

Neil Patterson

17:00 PM, 17th July 2019
About a month ago

Response from Enayat Ahmed, Solicitor for Landlord Action:

"Hi Sophie,

The situation which you have described is unfortunate and is clearly causing problems for the other tenants as well as, no doubt, yourself.

You mentioned you have a HMO house and refer to the occupiers as tenants. I am therefore assuming each individual occupier has an AST for at least 1 room each and they share some of the amenities. If this is the case, moving in as a live-in landlord would not ease the situation. This is because the status of each occupier is already determined by the AST which they have. They enjoy exclusive possession of their individual room and unless they vacate voluntarily, you will have to evict them using the section 8 or 21 route. You cannot change the locks or remove the tenant’s belongings.

Even if the HMO becomes you main dwelling, this will not change the status of the occupiers and the police will not evict them.

In order to evict the tenant using the section 21 route, you will need to ensure you have supplied the tenant with the prescribed information (in relation to the deposit, if applicable) and complied with the prescribed requirements. If you have not complied with these requirements, you will need to do so and re-serve a section 21 notice. Alternatively, you may wish to consider serving a section 8 notice based on breach of contract for bringing a dog to the house and for causing nuisance.

I hope the above helps and you are able to obtain possession of the room from the problem tenant amicably.”

Sophie Liu

1:43 AM, 22nd July 2019
About a month ago

Reply to the comment left by Neil Patterson at 17/07/2019 - 17:00
Hi Neil:
Thank you so much. The advice you give me is really helpful. I have been spoken to my solicitor. She advice me just issue the section 21, not section 8 at same time.

Michael Barnes

13:19 PM, 23rd July 2019
About 4 weeks ago

Issuing S8 may make tenant change behaviour, but it is not something to take to court.
EPC of G may be a problem with S21.


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