Hi, I have two tenant , one moving in soon for a six months contract .Another tent is following him and staying in the property in the following 9 months. The second tenant has signed a contract and paid in advance for his stay.I have not signed the contract with the first tenant yet. Is there a way of putting a clause in the contract of the first tenant that prevent him LEGALLY from overstaying and refusing to leave the property without having to wait for another six months? Hope this makes sense and thank you for your help in advance.
Solicitors will advise you to not sign contracts in advance as if this situation occurs you are stuck
The short answer is no. If you ask a tenant to contractually sign-away their legal tenancy rights, a court will rule the clause of no effect.
I assume you mean that you are renting the property in a room only basis and that each tenant has a different contract. That’s perfectly ok, but you should be aware that the tenants will only have permission to use the common parts, not exclusive possession of them, so it will up to you to clean and maintain them. You will also be liable to pay the Council Tax as this will be deemed a CT HMO.
Hi, Sorry it was my fault that I did not make it clear. A tenant has already signed a contract to move in September and has already paid rent full for 9 months .Another tenant will sign a contract to move in March and is staying for 6 months till September .
I am asking is there any way ,I can do anything to prevent the first tenant who is going to stay from March to September legally through a clause in the contract or any other means from overstaying without paying after September under Lockdown eviction rules and forcing me to surrender my contract with the second tenant who needs to move in September ? They are both taking the whole property for themselves , not sharing it.
You can’t protect yourself legally
If the first one stays you are in trouble
Tessa Shepperson always advised against in her webinars
She advises don’t have a new contract until the first person departs just in case
What does the signed contract you already have say the tenant is renting? Does it say a particular room, or does it just give the address of the house/flat? If its the latter, then they are renting the whole property and you can’t rent the same space to another tenant. The only way you can move another tenant in is either if you rent on a room by room basis, or if you can cancel the existing contract and get the two of them to sign the same contract as joint tenants.
Thanks to all your very helpful replies.
Fortunately (or unfortunately , I’ll never know !) The first tenancy did not go ahead.