Resident Landlord

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430 Posts
16 years ago
Confusion often arises as to what type of tenancy agreement to use in cases where large houses have been converted into a number of flats, and the landlord not only lets some of the flats, but also occupies one as his only or principal home. Under Schedule 1 of the Housing Act 1988, certain types of tenancy cannot be assured or assured shorthold. Houses converted into flats (not purpose-built blocks of flats), and the landlord occupies one as his only or principal home, fall into this category. In these cases, the tenancy of the let flats will be common law tenancies and not ASTs. Common law tenancies are still subject to the law of landlord and tenant, but the provisions of the Housing Act 1988 (as amended by the Housing Act 1996) will not apply.

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