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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70510
Experience:  Over 5 years in practice
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My step-daughter is renting a house. The landlord has just

Resolved Question:

My step-daughter is renting a house. The landlord has just been told his mortgage is not a "buy-to-let" mortgage, so he has told them they have to move out.
Isn't this HIS problem, not hers, and does she have to budge, so long as the rent is up to date ?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Not necessarily.
Was this ever his own home? I presume it was from what you say.
Also, is this an AST?
Customer: replied 3 years ago.

We think he did live in the house, but there were 2 previous tenants before my step-daughter.

What is an AST

Expert:  Jo C. replied 3 years ago.
An assured short hold tenancy agreement? Usually for 6 or 12 months?
Customer: replied 3 years ago.

I'm not sure if they have an AST, they have lived there for just short of 5 months. She says their agreement is until the end of August.

Expert:  Jo C. replied 3 years ago.
Thanks.
The short answer is that it is his problem if he has been letting a residency only mortgage but its not that simple.
The truth is that its very unlikely the mortgage company would do anything other than increase the interest rate anyway so he really doesn't need to evict them.
Nevertheless, if he wants them out then it can be done I'm afraid. If this is an agreement that ends in August then he just has to serve a S21 notice giving her two months notice on or before the rent date.
If they are locked in for a longer period then he could try relying on S8 under ground 1 which is that this was his own personal home at some point but then he would need to return.
If she is on AST though then he cannot just turn up and evict them. He will need a court order.
Can I clarify anything for you?
Jo
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