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Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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I have a buy to let property (with a mortgage), that has been

Resolved Question:

I have a buy to let property (with a mortgage), that has been sucessfully tenanted for 5 years, on a rolling on assured shorthold tenancy. I want to give them 2 months notice.
The reason being that I want to let (on an Assured SHT) the property to the mother of my child(while we sort out a longer term solution to our relationship split). My child will live 50 % of the time with her, and 50% of the time with me, at my house.
My question is; Should the rent not be paid, or if I want to end the tenancy after the 6 months, and we were not in agreement on this, could she legally refuse to leave because she is the mother of my child ? We are not married. In other words can the normal rules of tenancy be applied to giving notice in this case. Thanks
Submitted: 2 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 2 years ago.
wingrovebuyer : Hello. Yes, you can do this provided it is clearly set out as a commercial, full value tenancy. Accordingly, you must treat your ex like any other third party tenant. There must be a full tenancy agReement and a market rent.
wingrovebuyer : Best, WB
Customer:

Thank you for your reply.

Customer:

Thank

Customer:

Thank you for your reply. My main worry is if I had to give notice to leave, and this would mean my son would have nowhere to live for 50% of the time. Obviously I would take him in at my house until suitable accomodation was found. But is there any 'Family Law, or Childrens Act that would over-ride the Property law of Short hold tenancy agreements ?

Customer:

10:06 PM



Thank you for your reply. My main worry is if I had to give notice to leave, and this would mean my son would have nowhere to live for 50% of the time. Obviously I would take him in at my house until suitable accomodation was found. But is there any 'Family Law, or Childrens Act that would over-ride the Property law of Short hold tenancy agreements ?


Customer:

Thank you for your reply. My main worry is if I had to give notice to leave, and this would mean my son would have nowhere to live for 50% of the time. Obviously I would take him in at my house until suitable accomodation was found. But is there any 'Family Law, or Childrens Act that would over-ride the Property law of Short hold tenancy agreements ?

Customer:

Thank you for your reply. My main worry is if I had to give notice to leave, and if this would mean my son would have nowhere to live for 50% of the time. Obviously I would take him in at my house until suitable accomodation was found. But is there any 'Family Law, or Childrens Act that would over-ride the Property law of Short hold tenancy agreements ?

Customer:

Thank you for your reply. My main worry is if I had to give notice to leave, and this would mean my son would have nowhere to live for 50% of the time. Obviously I would take him in at my house until suitable accomodation was found. But is there any 'Family Law, or Childrens Act that would over-ride the Property law of Short hold tenancy agreements ?

Expert:  Clare replied 2 years ago.
Hi
You do need to be aware however that under Schedule 1 of the Children Act you are under a duty to help house the child until the child is 18 - and your ex can therefore apply for an Order allowing her to live in one of your properties until then
Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34236
Experience: I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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