Can anyone advise my position as landlord. I purchased an ex Housing Association property at auction. The agreement (Dated 2011) stated that the HA tenancy agreement would end if the tenants ceased to be a member of the association. I have confirmation from the housing association that they are no longer members. Tenant’s solicitor has advised them not to sign a tenancy agreement (AST). However I need an AST to secure a mortgage, but tenants are virtually ignoring everything I try to do, including legalities such as EPC and EICR. I don’t necessarily want them out, they pay their rent and I do understand their reluctance after 30 years in same house, but I do need a mortgage and tenants who communicate. I consider myself a good and helpful LL, but ultimately, if this persists, I will have to sell on. My solicitor has “Indicated” that I could end their tenancy, but no details how. No agent involved.
tell them that you want them to stay on with a new agreement with you ,but if they do not sign up you will evict
Can you find a better mortgage provider? Has your mortgage provider changed their rules?
Sorry, but the tenants have more rights than you thought and you probably should have got more advice before buying. You will need specialist legal advice from a housing solicitor to establish their status. I would suggest not taking any rent from them until you’ve had that advice or their status is likely to change.
Fixed tenant contract. Providers not interested. That’s why I need to end their contract.
Thanks for the info. I have been receiving rent since the purchase completed (Except 2 weeks they say they do not owe). I thought my solicitor was giving good advice when he said I could end the previous tenancy due to their housing association membership ending. I can probably re-sell for the same price, but that’s much less than the true value with an AST. The only other way to end the tenancy is if they fail to pay, or do something very wrong. I don’t regret buying, I think I just have to step back and be thankful for the income. I would have preferred to be more interactive.
As I said, you need advice on their status. Even if their previous tenancy ended, they may now have a new undocumented periodic tenancy by virtue of having paid you rent. However, I would be surprised if their housing association tenancy could be expunged so easily.
You will definitely need legal advice and I would suggest using a solicitor that has experience in social housing.
If their tenancy with the housing association is over 30 years it’s highly likely they have an Assured tenancy and why their solicitor said not to sign an Assured Shorthold tenancy. If they have assured it is extremely hard to evict. You will need to dig deeper. Get some more answers from the housing association as well.
If you can sell this property for a profit now, I would certainly do so. I have been a landlord since 1988 and I have had A LOT of tenants since then. Your description of these tenants would make me run a mile!