I have a tenancy agreement with 2 tenants of a shared property which I have inherited but the contract (from property hawk) is not fit for purpose. It is intended for renting the whole flat and includes maintaining the exterior etc that wouldn’t be the responsibility if renting a room. The new tenancy agreement also alludes to communal spaces, which the previous one does not. I have brought in 2 new tenants and put them onto the open rent shared house tenancy agreement. I would like to change the existing tenants onto this new agreement as it is more appropriate but it would put them back onto a 6 month fixed term - can I amed this to a rolling month by month (as it will be from May anyway). Any other things I need to think about? For information, all tenants have their own tenancy agreements. Incidentaly, one of the tenants is causing me quite a headache with storing a lot of personal items in the communal areas and his room is floor to ceiling stakced with all sorts of things! (another reason i am keen to issue new tenancy agreement)
could you clarify this a bit you mention “2 tenants” and “2 new tenants”… is that four tenants in one dwelling? Is this an HMO?
You could issue it with a minimum 1 month term. It’ll then roll over into periodic.
If you have given two new tenants a tenancy on a house that is already let as a whole to two sharers, you have 2 active tenancies running for the same space and have a legal mess. I would try to resolve this asap. If you want room only tenancies, then you retain responsibility for the communal space (cleaning etc) and for paying the Council tax. You would have to increase the rent to cover this. If you want a joint tenancy between all 4 for the whole space then its more work to do when a tenant wants to leave, but the other points dont apply. Either way, you will have to persuade all 4 to sign up to the arrangement and you will have an HMO, possibly a licensable HMO.
If all this fails, contact a specialist solicitor to try to extracte you from the mess.