Hi
I have a house with three tenants…one of which is proving ‘difficult’ to live with for the other two tenants at the very least
The lease is up on Sept 18 and the only way I believe I can remove this tenant from the lease is to renew but I fear there’s not enough time now as notice hasn’t been given by either party.
I’m sure I’ve missed the boat but was just wondering if there’s any possible way to remove this tenant once the lease ends/rolls over to periodic???
Thanks in advance.
The lease is not up on 18 September because on 1 May it became an open ended periodic tenancy under the RRA. I would suggest some urgent training/reading before you make an expensive mistake.
I’m well aware of that thank you. It will become periodic and according to OR I can choose to renew or terminate it before the 18/9….or could have had I given notice.
I am very aware of the new terms of the renters rights agreement.
I was simply wanting to know if there I anyway to get a tenant on a shared tenancy out other than terminating the lease!!!
I am also aware of the terms in which I can terminate the lease ie sale of property/returning to prime residence…just in case you think I haven’t read up on that!!!
That’s utter nonsense. If it’s in england and was an AST, it already is periodic and became periodic on 1 may due to RRA. And you have no power to ‘terminate’ a tenancy.
See this
" If the tenancy started before 1 May 2026
On 1 May 2026, all assured tenancies, including assured shorthold tenancies, automatically became rolling tenancies. If the tenancy had an end date, it will no longer apply.
You did not need to do anything for this change to take effect."
a) tenant gives notice
b).mutual surrender agreed by tenant and LL
c) court order following application for possession, after a section 8 notice on specific grounds
d) implied surrender following abandonment.
Suggest doing some LL training.
Meanwhile read this
" How you can end assured periodic tenancies
You can only end the tenancy if you have a valid reason. These reasons are known as ‘grounds for possession’. For example:
To end an assured periodic tenancy you must give your tenant a section 8 notice of seeking possession.
The notice will need to include the grounds you’re using to end the tenancy.
You need to give your tenant the right notice period.
You must give at least the minimum notice for the grounds you’re using. This is usually at least 2 months, but can be up to 4 months.
You can give more than this if you would like to.
If you took a deposit from your tenant, you need to have complied with the rules relating to the tenancy deposit. You need to have kept the deposit safe using a government-approved tenancy deposit protection scheme.
Your tenants will be able to give 2 months’ notice to end the tenancy at any point, unless you have agreed a shorter notice period"
In theory you can choose ‘amend tenancy’ in OR but in practice they ‘renew’ by issuing a new tenancy agreement, and the changes have to be agreed by you as LL and all the existing tenants and guarantors- it amounts to the mutually agreed surrender of the current tenancy and creation of a new one. They do this because it is a fundamental change to the T&C of the contract.
In principle legally you could agree an addendum to the contract with all 3 tenants and any guarantors to amend the relevant clauses mentioning the tenant you want removed, and a lawyer could draw up such a document for you. It would mean the clock is not reset on eg s8 g1/g1a evictions (not allowed in first 12 months of a tenancy) and re rent increases (not allowed in first 12 months), but i’ve seen others here advise against
Good luck
Hi David
This is what I received from OR!!!
| Hi Rachel, It’s been one year since the tenants moved-in to your property at ….. Whether you know your next steps or not, visit OpenRent to view all your options. Your options now: |
|---|
I immediately queried it as it wasn’t what I understood to be the case since the RRA came into effect.
I have already read the docs you sent but thank you for clarifying.
I have no issue myself with the one tenant …I was largely looking at options on behalf of the other tenant’s.
Since I am considering maybe selling next year I will leave as is for now and prepare to give min 4 months notice when serving the section 8.
Thank you for your time.
Well the OR message doesnt say its still a fixed does it? It specifically says it would continue as a periodic by default
Nothing in that message is actually inconsistent with RRA having converted an AST into a periodic APT nor does it imply you could terminate it. It mentions "if you have served correct notice " but that could be a s8 notice following which tenants have given keys back and left and you didnt therefore need to apply to court for possession- there’s been enough time from 1 may for that to happen.
Good luck
I suggest you speak to open rent and their ombudsman
They have not corrected their email since the new legislation
Poor show openrent . Your reputation precedes you
If that is a recent message from Openrent then it’s disgraceful. It is completely incorrect in suggesting to landlords that their tenancy is not currently periodic and will only become so on expiry of the current 12 month term. I assume these are automated messages, but Openrent should have amended them when they were making their RRA updates. Given that mistakes by landlords in this area can cost them up to £7k in civil penalties, Openrent need to fix this and any other anomalies immediately.
What’s wrong with the message? It seems in order to me.
Its a hangover from the days of ASTs. It implies that a periodic tenancy will arise automatically at the end of the term if the landlord does nothing. It then goes on to suggest a renewal as an option. It is an unnecessary and misleading email as it makes no mention of the fact that the tenancy is already periodic due to the RRA and that tenancy renewal is now largely redundant as they never expire.