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  • Legal FAQs

    Breach of tenancy agreement?!?!

    Hi fellow PT members.

    I finally have been given a blessed opportunity to escape the rat race by investing in property and receiving passive income, which will allow me to better myself and family, only to find that due to our living conditions in Housing Association, that I maybe in breach of my tenancy agreement. ? if I started a property investment company.

    Does anyone have any advice they can offer me, please???

    Thanks for reading!

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    Are you alluding to the common rule in SRS tenancy agreements which disallows you from operating a business from the rental premises?

    I assume your plan is to incorporate and buy rental units via the Ltd Co - but you should take a long hard look at the complexities thereof before making any commitment - plenty of threads on PT looking at various aspects of that route.

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    You have not really said what the problem is. As has been suggested I assume that you are not able to register a company at your rental property. However, you can just register it with an accountant or one of many organisations that offer a registration service.

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    David Smith
    Landlord & Tenant Solicitor
    Anthony Gold Solicitors

    Find me on LinkedIn: uk.linkedin.com/in/dsnsmith

    All opinions are my own and do not reflect those of my firm. No comment made should be taken as legal advice and you should consult a solicitor or other legal professional for advice on your specific situation.

    if your circumstances have improved then the first thing you should do is vacate subsidised housing!?  Is what youre proposing tenancy fraud?

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    You really need to look at the terms of your Housing Association tenancy.

    For example if you own another home that may disqualify you from being a HA tenant.

    Each HA will be different so it is hard for this forum to advise. If you are getting subsidised housing but have the assets to get on the property ladder, then sympathy for your plight may be thin on the ground. 

    I would highlight that you mention you expect a 'passive income'. Being a landlord is anything but passive. A well known Landlord on this Forum has just posted about how involved they are as a result of the death of one of their tenants.

    Also it is a lot of hard work, even if you hand it over to an agent the responsibility lies with you and you need to know your responsibilities as not all agents are going to do a good job. I manage a few properties of my own directly and they have times when they are busy and times when they are quiet.

    I also support a local charity in their properties and they insist on a 'professional agent' and this is actually more work than managing them myself!

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