Hi, any advice very much welcomed. I only have one flat rented out, now periodic, where the couple has split up and one of them has left and asked to be removed from the tenancy. If the remaining tenant wants to stay I assume a new tenancy would need to be set up and this tenant financially checked for affordability? Ideally I’d like the flat back to sell at the end of August so not sure of best way to proceed. I have insurance for tenants defaulting on rent but assume this would now be invalid since one has already gone.
Thank you.
Personally, if I were you and were looking to sell in August, I’d be looking to issue S21 notice now, as once the Renters Rights Bill comes in later this year, It’s probably going to be harder for you to do so.
Certainly, I would not recommend you sign a new tenancy now, as that will ‘tie you in’ for 6m, so until September.
In which case, the person who has moved out remains liable for the rent even whilst not living there. Or they give notice to terminate the rental agreement, in which case they both have to leave, as their contract ends, and then you sell up with an empty property. If the the one left does not leave, then the one who has left will remain liable for all costs of enforcing their eviction. So this will motivate them to help / convince the other to leave.
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Spot on . My view is the same
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Thank you so much as I am very confused. I hadn’t thought of that. My understanding was that because the one who has left has given notice, I had to remove her which triggered a new tenancy which I would set up for 6 months and then invoke the break clause after 4 months. I have a good relationship with the remaining tenant (I think, but you can never tell).
It wouldn’t really matter if it ran on until September and a Section 21 seems a bit aggressive. I’m not sure though whether the remaining tenant can afford the rent on his own though and he hasn’t been in touch yet so I’m trying to establish my position before I speak to him. I also thought of reducing the rent as I’d rather it was occupied until I’m in a position to sell. Soooo many questions. I’ll be glad when it’s gone!
do not reduce the rent .That is not an incentive to move out You will not sell as easily if someone still in. Do not be in doubt ,if a tenant digs heels it can take into next year to evict
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As has been said above, if one tenant moves out, they are still legally liable until then end of their tenancy unless they terminate the tenancy in which case the other tenant also needs to vacate.
If you want to sell the flat, your best chance of getting possession is now, while the tenants are the ones causing the break in the tenancy.
If you start dilly daddling about wanting one of them to stay, then lowering the rent to make it affordable for them, you’re not going to find it easy to get them out later down the line. You’re also not going to do the remaining tenant any favours by getting them used to paying below market rent because when they do have to move, it will be a huge adjustment for them having to find more money for a higher rent.
I personally would respond to the tenant that’s informed you they’ve vacated, advising them that while you sympathise with their situation, they remain jointly liable for the tenancy (and therefore the rent also) until the tenancy is formally terminated which would mean the remaining tenant would also need to vacate. I would also say something along the lines of if they can assist you in getting the other tenant to vacate, you will not hold them liable for the month’s notice that the tenancy requires as a gesture of goodwill.
As @Colin3 said, you’ll find it much easier to sell without tenants in there - tenants likely wouldn’t agree to viewings or if they did there’s no incentive for them to present the property well so much better to have an empty flat to sell in my opinion though I know that ultimately costs you money as you don’t have anyone paying rent/council tax etc.
Just to give you a story about my experience…
We had a house that we were renting to my wife’s family. We told them we needed to sell (we had no choice at the time) and that they would need to move out but as they were family we were happy for them to stay until near completion of a sale.
We had several offers within the first week and proceeded to agree a sale with one particular family. The family asked for a second viewing after their offer was accepted and we made the arrangements for the estate agents to meet the buyers at the house.
Well, the estate agent ended up being late so when the buyers got there it was just the buyers and our family members. Our family members were so nasty about ourselves and lied about things in the house to the point the buyer ended up phoning the estate agents in tears saying she didn’t know if she wanted the house now. Thankfully we were able to answer their concerns (though it cost us nearly £400 for a professional knotweed survey) but just to say that tenants with an axe to grind or with something to gain by your sale not happening are not what you want when you’re trying to get a sale over the line.
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That must have soured the relationship!!
Yes, I see that now. Thank you
Blimey, and that’s family! What an awful situation for you but at least they showed their true colours and you needn’t have them for Christmas.
Thank you once again for your help. Much appreciated
great example of why you should never rent to friends or family. Looks like we’ve both learned the hard way…
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If the one whos left has served a valid notice, the tenancy will end for both tenants. You need to let the other one know that they must move out too or they will otherwise be a trespasser.
As soon as I saw the first sentence about renting a house to family I knew what the ending would be
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