UK Landlord Forum / Life

Hi
I'm not sure where I stand at all. Approximately 18 months ago a friend who has a rental agency company took on my 6 bed house to run as an HMO, he gave myself and husband the mortgage value each month and ran the HMO dealing with all management issues and taking all profits. we do not have any sort of written contract.
We have had to sell our family home through financial difficulty and need to move back into our HMO.
We have kept the friend informed throughout and as a result he has let the tenants move out of the HMO, as they moved out myself and my husband deducted 1:6 of the mortgage payment back to us.
We asked how much notice was required and were told 8 weeks plus 2 days to serve notice to the remaining two tenants.  We asked again before exchange to confirm and the same information was passed to us. This gave us a completion date on our sale of April 9th.
Notice was served and we were then told that as the tenants contracts started on the 15th and 21st if the month each tenant actually had until that date in April to leave. This was news to us as we have to be out if our house April 9th,
It seems the tenants are reluctant to leave and don't appear to be finding alternate accommodation, to add to this one if the tenants is in rent arrears. Each time I call our friends assistant she does not respond or answer calls.
I suppose I have a few questions,
Can I move back into the house and occupy the rooms that are empty?
Can I change their status to excluded occupies so that I can give reasonable notice and get them out?
What specifically are mine and my husbands rights in this situation because as of April 9 we will have no home,
Also the house is in a terrible state with rubbish everywhere and unused broken furniture.
Thankyou in anticipation
B

I'm sure you'll get better advice than mine in due course but as I see it you are more than entitled to move in and occupy any rooms that are presently unoccupied.  It is your house and the hmo's only occupy individual spaces.
I'm concerned that you didn't have any contract with your friend, i'm assuming that there is written evidence of some sort regarding what the situation is  and considering that your friend has a rental agency he/she should know all that.
At best I feel your friend is inept and at worse dare I say negligent......

Yes, at the time it helped is out having the mortgage payments, however the place is now little more than a skin no deposits have been taken and tiday they have said the tenants have agreed to move out on march 31st, we have to wait to that date to see if they do. It's very worrying as we've lost our home and it seems we have no rights now in our own house even though we don't hold the tenancy agreement with the tenant. I have to move into a house with two unknown adult men with my five year old son I'm worried sick.

Can you rent something else nearby for a short while or at least stay with friends or family.  Then when  it's vacated and you've done the remedials the you and your son can move back in when it's safe.

Unfortunately, I can't i haven't got enough cash to pay deposits. And I also have 4 digs and a cat😖 we have to go into the house. I wonder if there is any law that protects us because the tenancy agreement ehich us month onmonth not within the 6 months ast the agreement is between this friend and the tenant not between us and the tenant. Do we have any rights at all in getting possession of our house. Thankyou guys

Quote from: Bex 123 on February 24, 2015, 09:01:29 PM
Do we have any rights at all in getting possession of our house.

Of course you do, the normal legal right to serve notice and if that is ignored, to go to court to gain possession.