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Hi, if I (Freeholder) found out that another person is residing in the house. What are my rights to find out what are the terms? is he paying rent or what else.

 

If I haven't seen the lease, could I claim its a breach?

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Hi, if I (Freeholder) found out that another person is residing in the house. What are my rights to find out what are the terms? is he paying rent or what else.

 

If I haven't seen the lease, could I claim its a breach?

 

Just because another person is living in the house, that person doesn't need to be the leaseholder. It could be a relative, spouse or partner, therefore not necessarily the one responsible for the rent. You could start by checking the electoral register to see who has been living at the property and for how long.

 

Do you not have details of whose name is on the rent book or a copy of who the lease is addressed too?

Edited by poppet2

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Hi, if I (Freeholder) found out that another person is residing in the house. What are my rights to find out what are the terms? is he paying rent or what else.

 

If I haven't seen the lease, could I claim its a breach?

If the house is held on a long lease, it's very unlikely that the freehold reversioner could object to anyone occupying it.

So is there a long lease, or do you as freeholder let it out on something such as an Assured Shorthold Tenancy?

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If the house is held on a long lease, it's very unlikely that the freehold reversioner could object to anyone occupying it.

 

Why is this Jeffrey, what difference would having a long leaseholder make, if someone is occupying the property?

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Restrictive covenants.

Those on a house rarely limit who can reside.

Those on a flat often do so- due to the proximity of neighbouring units in a block, and the inherent problems of subletting/HMO occupation, you see.

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Hi, if I (Freeholder) found out that another person is residing in the house. What are my rights to find out what are the terms? is he paying rent or what else.

 

If I haven't seen the lease, could I claim its a breach?

 

I can't see why a freeholder would care less under any normal circumstances so forgive me if I've got the wrong end of the stick but you sound remarkably like a chap whose ex has moved another bloke into your former home.

 

Is this the case?

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I can't see why a freeholder would care less under any normal circumstances so forgive me if I've got the wrong end of the stick but you sound remarkably like a chap whose ex has moved another bloke into your former home.

Who "cares" is not the issue. Instead, we need to know whether it's a house or a flat.

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Hi, it is a large house. The tenant (old lady) is a "rent act tenant" (from the 1960's).

 

I see on the electoral register that only for a few years another person living there.

 

The landlord does not have a copy of the lease although there is a lease (according to old paperwork).

 

Is there any formal request that a landlord can ask for information (like in a commercial lease)?

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Not really. Why does L not hold the Counterpart Letting Agreement that T originally signed?

All that L could do (e.g. if the letting had been granted by L's predecessor) is to ask for more information from:

a. that predecessor (perhaps a Statutory Declaration re the terms of the original letting?); and/or

b. the Rent Officer, to show what rents for the letting have been registered over the years.

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Not really. Why does L not hold the Counterpart Letting Agreement that T originally signed?

All that L could do (e.g. if the letting had been granted by L's predecessor) is to ask for more information from:

a. that predecessor (perhaps a Statutory Declaration re the terms of the original letting?); and/or

b. the Rent Officer, to show what rents for the letting have been registered over the years.

 

Is there such a statutory form "more information from"?

 

Landlord owns property for twenty years, lease has been done many years before and L' has no copy of lease.

 

The rent registers are available but how can they ascertain whether the leaseholder is in breach of subletting?

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Is there such a statutory form "more information from"?

 

Landlord owns property for twenty years, lease has been done many years before and L' has no copy of lease.

 

The rent registers are available but how can they ascertain whether the leaseholder is in breach of subletting?

 

If landlord has no copy of lease and tenant doesn't have one or fails to supply a copy then I would write a new one and issue it and then the tenant will either pull a copy of the old tenancy out or have to abide by the new one.

Landlord is foolish for letting it stand for 20 years IMO.

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But if the tenant has been been a leaseholder for many years and comes under the 1977 Rent Act, then that surely, is the most up to date tenancy agreement that the tenant can abide by, so no need to write a new tenancy agreement. Also, I would have thought having a tenant in the property for so long would mean the 1977 Rent Act supersedes any previous tenancy. Have you read the 1977 Rent Act? All information re. succession to the tenancy and which family members can inherit the tenancy, albeit as an assured tenant paying market rent, is in there. Also, the family member who inherits the tenancy, is under no obligation to accept any improvements, such as central heating you may wish to make.

When I gained my tenancy, I was just informed to refer to the 1988 Assured Tenancy Act. No other tenancy agreement between L and T was required.

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