Tenant in housing association

Invs005

Hello, I am looking to buy a flat to invest in as a BTL. The flat I am interested in has a current sitting tenant who is part of a housing association, his rent is well below average rent prices in the area which would make it cheaper than a mortgage. If I bought the flat, do tenants in housing associations have higher rights than private tenants? would I be able to rent this flat privately as soon as their contract is over or do these contracts tend to be longer than usual? I am not familiar with how tenancy through housing association works. Thanks in advance.

EndlessStruggle

I would ask to see the tenancy agreement and run it past your solicitor. 

Councils/HAs used to offer lifelong tenancies and have restrictive terms of rent increases incorporated.

Invs005

Thank you for the clarification, I will do that.

theartfullodger

Invs005 said:

Hello, I am looking to buy a flat to invest in as a BTL. The flat I am interested in has a current sitting tenant who is part of a housing association, his rent is well below average rent prices in the area which would make it cheaper than a mortgage. If I bought the flat, do tenants in housing associations have higher rights than private tenants? would I be able to rent this flat privately as soon as their contract is over or do these contracts tend to be longer than usual? I am not familiar with how tenancy through housing association works. Thanks in advance.

?? Sounds v odd:

As suggested you need to see tenancy agreement WITH THE HUMAN OCCUPANT.  

I suspect the current owner of the flat has a tenancy agreement between him & a housing association which grants right to HA to rent to humans.  Then the Housing assoc has a tenancy agreement with the human occupant.

If so there are two different landlords (Owner & Housing Assoc) , two different tenants (Housing Assoc & Human). Entirely legal but tricky. 

You as owner becoming landlord of housing assoc (HA as tenant) is dangerous unless you understand these things very well.

What training and reading about being a landlord have you done please, or are you already a private landlord??

_Penny_Dreadful

I agree with @theartfullodger, it sounds like the property is let to a HA who in turn sublet the property to the occupant. I’d avoid entering into this arrangement with a HA never mind inheriting it when I buy an investment property. It’s a brave landlord who buys a rental property with tenants in-situ, HA involved or not, as there are so many “oversights” that can invalidate a Section 21 notice. 

pinkshoes

Invs005 said:

Hello, I am looking to buy a flat to invest in as a BTL. The flat I am interested in has a current sitting tenant who is part of a housing association, his rent is well below average rent prices in the area which would make it cheaper than a mortgage. If I bought the flat, do tenants in housing associations have higher rights than private tenants? would I be able to rent this flat privately as soon as their contract is over or do these contracts tend to be longer than usual? I am not familiar with how tenancy through housing association works. Thanks in advance.

If you're asking this question, I'm not sure BTL world is for you, as you should be doing your homework before looking at purchasing particular properties.

The owner has probably has a rental agreement with a Housing Association, hence there is a HA tenant in the property. You will need to take a look at ALL contracts to check how long has been agreed, as often when letting to a HA you have to agree for them to be able to use your property for 2 or more years. 

But yes, once the contract has ended and the tenant has moved out, then you are free to rent it at the higher private rental prices. 

The plus side of renting to a HA is that they often deal with any issues and the rent is guaranteed, albeit lower. 

Invs005

Thanks, everyone for your advice. I do have experience with private renting but not HS tenancies, I wasn't aware of this being an HS tenancy until I visited, seeing how complex this situation may become I will skip this one and look for something else.

theartfullodger

Invs005 said:

Thanks, everyone for your advice. I do have experience with private renting but not HS tenancies, I wasn't aware of this being an HS tenancy until I visited, ....

What's a HS tenancy, please??

Hint: Detail matters with Landlord/tenant paperwork.....

diystarter7

Hi OP

Ask your solicitor to check the T's agreement.

Then phone the HA and possibly speak with the local housing officer
and seek the info you require. The info could be general questions, guidance
etc if you are not able to discuss the T because you have not bought the property ATM.

(Hopefully, your solicitor will be able to fully advise you as AST agreements have all the details/info you require and no need to call HA)

Good luck with your new BTL should you decide to buy

Thnaks

caprikid1

"What's a HS tenancy, please??"

I think he means HA (Housing Association).

I suspect the price makes this look far more attractive than it is !