UK Landlord Forum / Life

I have let out one room in my family home on an AST to 3 individual tenants. One tenant remains at present. Unfortunately I now have to move back in. He is very unhappy that the Landlord will be there as this was never the intention when he signed the contract. He also states that ....

" if you share living in the house with tenants, my assured shorthold tenancy (AST) agreement, that you signed, cannot continue to be an AST.  If the landlord lives in the house, the tenancy becomes an 'excluded tenancy' and the AST must cease.  A landlord cannot change an AST once signed within that six months.  The usual case if a landlord wished to terminate an AST, providing a tenant is complying with their obligations under the agreement, is that a landlord can serve a tenant notice at four months, giving two months' notice with the tenant leaving at six months - at the end of the agreement.  Alternatively both parties can agree to surrender the AST - by mutual consent only."

I'd be grateful if anyone can let me know if this is in fact the case and suggest any solutions? I am hoping that he will agree to a mutual surrender.

Thank you in anticiaption.

Hello Sofasisters

Your story literally says you're letting one room of your fimily's residence to three people.  Three people living in one room is a bit rubbish!  I assume you mean you let the whole house out to three tenants who had one bedroom each with shared facilities and now only one tenant remains.  And that that tenant is behaving properly under the AST contract.  My answer's based on this assumption...

You have a very well educated tenant.  He or she is right.  Sorry, this is probably not the news you want.

Solutions: Well I'd definately not move back in without your tenant's express written consent.  They could have you in court for breach of contract - all very expensive for you.  And the council could decide to prosecute you for harasment.

I'd get negotiating with them.  If they are as well aware of their bargaining power as they are their legal rights then I'd be expecting their demands to include:
- Them setting the exact date of their leaving, to give them maximum rebate of rent;
- You agree to full refund of deposit ahead of them leaving (so they know you won't try to keep the deposit to make up for lost rent);
- Your paying them a fee for giving their consent.
You don't say why you've got to move back in, but they know they hold the upper hand in this negotiation: Because you've legally promised them quiet posession of your property for the next six months and you're the one trying to change the contract.

You then need to decide if this is a deal you're prepared to strike.

Hope this helps.

This website has more details, esp. page 34.  http://www.communities.gov.uk/documents/housing/pdf/138289.pdf