UK Landlord Forum / Life

Good Day, all,

First-time poster but I come in search of help, I have come up against an issue and I can't seem to find an answer to what happens next.

I rent my house out through a Guaranteed Rent Agency who sub-let my house and my tenancy agreement with them ends in June.

I informed them via email at the 12-month point and then again at the 6-month point, which they acknowledged, that I would be ending the contract at the end of the agreement as I would be returning to the UK and intend to move back into the property.

I have been told today (40 days before the end of the contract) that the sub-tenants have purchased a house but they will not be able to vacate mine until after the end of the tenancy agreement.

Where do I stand rights-wise on this? I am a little naive when it comes to this as I only rented my house out due to taking a job overseas for 4 years. I return to the UK 2 weeks before the end of the agreement and will stay in a hotel until my contract is up with the letting agent and I can move back in.

I would have believed that once the contract is over, and I had given ample notice of my intentions I would receive my property back on the day (or the day after) the tenancy agreement ended.

I am not unreasonable and if this is the case and they need another couple of weeks then an agreement could be reached, but If push came to shove and they do not vacate at the end of the agreement is this moving into eviction territory?

Any help would be greatly appreciated, or if you need any more information I will be more than happy to provide it... I'm just a bit frazzled with it all at the moment as up until this morning everything was on course for me to move back in at the start of June, now I wont be able to move in until the sub-tenants have departed.

Thank you in advance

Well, despite your arrangement with another party (by that I mean it's not just you and Tenants) you really don't want to go into "eviction territory". That could elongate any timeframes beyond your imagination. If it's at all possible then I would keep everything amicable (but still ensuring, if you have any contact with the Tenants themselves, they're aware of your personal difficulties) and hope everyone sticks to their word.

I can't read between the lines perfectly... but it kinda feels like your contact is limited to the organisation, not Tenants, and the actual people in your property may be unaware of the personal challenges caused to you (and certainly may not care)... but any Tenant has a right to stay on beyond the fixed term, and even beyond the date in a Section 21 Notice, and continue paying their rent. In that case (if push comes to shove) then it would be eviction and it could be months and £s. I can not decipher if you even think the organisation in question is "on your side" as such - could be easily possible that everyone is secretly working against you and they have no intention of helping you out. That's a pessimistic view, though.

This situation could just as easily arise if you were just Landlord and Tenant, of course... but you have to wonder what communication is actually happening without your involvement. I wouldn't trust an organisation who has the sole purpose of letting property out in this manner to be that incented to effectively proactively end one of their income streams, in fact I might expect they'd do what they can to sustain it. But that's just me and I spend too much time thinking about motive.

You made the mistake that's now causing you a problem when you let your house to an organisation for a short period, which is usually a bad idea for most people.
But it's too late to correct that now.

There is a mismatch between the rights and obligations of your agreement with the organisation and the rights and obligations of the organisation to it's own customers/tenants.

You really don't want the agreement with the organisation to end without vacant possession, because otherwise the occupants can become your tenants directly, and you will probably find them very difficult to evict yourself (because you are reliant on the organisation to have done things that you do not know that they have).
If the occupants are really in the process of buying somewhere and will be moving out in the foreseeable future, that might be the best possible outcome for you.

Thank you both for your replies.

I am very very new to all this and guess I had an idealist's view of it all. As far as I am aware, in every other walk of life, a contract is a contract, and once the contract is over then both parties part ways.

Quote from: Hippogriff on April 25, 2023, 07:03:34 AM
Well, despite your arrangement with another party (by that I mean it's not just you and Tenants) you really don't want to go into "eviction territory". That could elongate any timeframes beyond your imagination. If it's at all possible then I would keep everything amicable (but still ensuring, if you have any contact with the Tenants themselves, they're aware of your personal difficulties) and hope everyone sticks to their word.

I have cooled down a little now and contacted the agency (Northwood) and asked what happens in a situation like this before I get all excitable and doom monger, they have come back and said that they (Northwood) as my tenant has served the sub-tenants notice to vacate by 25th May 2023. they also say that nothing can be done until they do not return the keys on that day. If they do return the keys all is well..or as well as it can be, if not then Northwood will start legal proceedings to have them evicted.

Quote from: Hippogriff on April 25, 2023, 07:03:34 AM
I can't read between the lines perfectly... but it kinda feels like your contact is limited to the organisation, not Tenants, and the actual people in your property may be unaware of the personal challenges caused to you (and certainly may not care)... but any Tenant has a right to stay on beyond the fixed term, and even beyond the date in a Section 21 Notice, and continue paying their rent. In that case (if push comes to shove) then it would be eviction and it could be months and £s. I can not decipher if you even think the organisation in question is "on your side" as such - could be easily possible that everyone is secretly working against you and they have no intention of helping you out. That's a pessimistic view, though.

This situation could just as easily arise if you were just Landlord and Tenant, of course... but you have to wonder what communication is actually happening without your involvement. I wouldn't trust an organisation who has the sole purpose of letting property out in this manner to be that incented to effectively proactively end one of their income streams, in fact I might expect they'd do what they can to sustain it. But that's just me and I spend too much time thinking about motive.

Being out of the country I have never met or spoken to the sub-tenants and as such no nothing about them, and as you say vice versa they will know nothing of me as thier contract is between them and Northwood. I have done some subsequent research and reading on this and you may be right, Guaranteed rental schemes and Northwood to an extent have a patchy history when it comes to end of agreement when there is a good paying tenant in the property, why would northwood make it easy for me to stop them getting £100's a month for minimal work. When I get back to the UK i will be visiting the loacal branch and requesting/demanding an inspection of the property.

If things pan out for the worst I believe I am in my rights to increase the rent at the end of the tenancy agreement? If I am having to stay in alternative accommodation while this is sorted I am damn sure going to try and recoup the costs any legal way I can.

Sorry I havent quoted you jpkeates but i kinda covered the points in the reply already, but i do appreciate you taking the time to reply

Thank you both again