Advice please - effects on tenants of landlord moving into property

Discussion in 'Property investment and tenants' rights' started by circularrd, 26 Nov 2018.

  1. circularrd

    circularrd Registered User

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    Scenario:

    House was rented to three tenants, one of whom has recently left due job transfer. Good tenants, rent up to date, two left have acquired Part4 tenancies. Landlord has moved into vacated room and will be staying there. Tenants happy enough, no issues. My question is are they now classified as licensees?

    Thanks
     
  2. Thirsty

    Thirsty Frequent Poster

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    IANAL

    I think if the former landlord has moved back to the property with the tenants consent, the previous lease agreement is now void and the former tenants are no longer subject to its terms.

    If it was me, I think I would have made this clear before moving back in. Otherwise the tenants could, with reason, argue that they were not aware they would lose tenancy rights.
     
  3. circularrd

    circularrd Registered User

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    10
    Thank you for your views..all very amicable and no issues with consent afaik. I don't know if they had any discussion about tenant v licensee rights and will mention this aspect to him. I understand that they are two separate tenancies, originally three, commencing on different dates. Presumably tenants can't object to a landlord moving into his own property even if they were told about losing their rights.
     
  4. Thirsty

    Thirsty Frequent Poster

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    Oh I think they could most certainly object, and would be supported in that from a legal standpoint (again IANAL).

    Effectively they have completely lost any rights they may have had as tenants.

    If you rent a room in a house, where the owner is also living, you have the same legal standing as a guest. That is to say, you can be asked to leave at any time and must do so.

    So the tenants no longer have the right to live there, they can be asked to leave at any time.
     
  5. Purple

    Purple Frequent Poster

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    I rent a house and live there with my children. I think I'd have reasonable grounds to object if my landlord wanted to move in to the spare room (if there was one).