Being a landlord and tenant at the same time, on own house.

[XFRFred]

The initial message was deleted from this topic on 06 August 2018 at 18:38

[sgrimshaw]

You really should discuss this with your solicitor.

[The Moose]

I would suggest you join the National Landlords Association - it's not much money and worth doing anyway. Then try their legal advice line.

They also have an AST generator on their website that would enable you to create the tenancy agreement without having to get an agent involved and paying them a bunch of money.

[The Moose]

I was thinking about this a little further and when it comes to leasehold arrangements one can be both the landlord and the tenant, however I am sure the rules apply differently for ASTs.

[Ace Face]

I think as a co-owner (and if property is empty and no current lease) then you have a right of occupation in any event, barring anything else saying you do not (consent order?).

If you want to live there under an AST rather than under your right as an owner, I think that would probs be fine.

But AST comes with requirements against landlord (keep in repair, etc.) so if boiler or whatever breaks, you and wife would normally expect to fix 50/50 and maybe that would be a bone of contention.

All a bit messy. I'm not a property lawyer, but that seems about right. It's more about her making sure she can evict you, so it's sort of up to her to be properly advised.