Hello, some advice needed please.
We let a property to 4 tenants - 2 friends, and a couple. We have a joint AST tenancy in place which ends at the end of this month. Before Christmas, we spoke to the friends who advised that they didn’t want to live with the couple anymore but really wanted to stay in the properly. They were keen for the couple to leave and for another friend to take their place.
We advised that this needs to be mutually agreed with the couple between themselves and it seemed as though they were making headway and agreeing times for potential new tenants to visit the room etc.
However the couple have since stated their intention to stay in the property and want to sign on for another year.
The friends have asked for us to serve notice on all tenants, and allow them only (excluding the couple) to sign a new contract along with a new tenant friend.
Any advice please? From what I’ve read, all tenants have equal rights and this seems quite underhand, they have all been good tenants, though the friends have lived at the properly for longer. TIA
Firstly, I assume you have the appropriate HMO policies in place, as you appear to be running a HMO here.
If its a single tenancy with all 4 signed, then leave it to them. The contract continues until they either agree to a change of tenancy, at which time you can choose if you agree to their proposal. Or one of them gives notice to end the tenancy, which will terminate the tenancy for them all, and they can all leave.
In the meantime, I would not get involved in their quarrels.
Why are you signing new contracts each year. let the existing contract roll on & become periodic.
DO NOT serve a Section 21 to suit your tenants needs. Do this only if they breach the contract. You have no need to evict them. If they don’t leave, will you go to courts / bailifss etc? If they wish to end the contract, they should serve you notice, as suggested above.
Thanks for your reply.
Yes we have HMO license in place and all checks are as they should be.
We weren’t intending to draw up a new contract - it automatically rolls into monthly periodic contractual. It was just the couples request, to end the existing contract (with the friends) and then enter into a new contract, presumably with other new tenants. Likewise the friends have requested the same…however neither side wants to budge