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Moving back to rented property- advice needed

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Author Topic: Moving back to rented property- advice needed  (Read 90 times)
Posts: 1

I like property

« on: June 03, 2022, 06:08:45 PM »

Due to the breakdown of a relationship, Iím having to move back to a house that I rent and sublet. There are three subletting tenants at the house, but none of them were living there when I moved out. As I understand it, this means that they will not be classed as lodgers (excluded occupiers) when I move back in. My solution to this is to give all of them the statutory 2 months notice to bring those tenancies to an end under S.21 and then they can remain as lodgers under a different agreement if they wish. However, Iíve just realised that there may be an issue with one of the tenants- her 6 month contract started on 23rd January- that will come to an end on 23rd July. The owner has stated that he needs us all out by the end of August (found new tenants who will be paying £400 more per month) which means I wonít be able to give her the 2 months statutory notice. Iím moving back in this weekend, but Iím a little unclear about what happens- she doesnít become a lodger and maintains full tenancy rights, is that correct? Any advice as to what I can do to minimise any issues would be really helpful. Thanks Iím advance!
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Hero Member
Posts: 1551

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« Reply #1 on: June 03, 2022, 07:31:03 PM »

I am very confused.If the owner wants you all out within weeks,how would the tenants  stay on under a different agreement? Why would you want to move back in? You can serve s21 no sooner than 4 months after the start of a 6 month contract.
Jr. Member
Posts: 82

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« Reply #2 on: June 04, 2022, 11:55:24 AM »

If they're tenants, you will only be able to move in if they rent their rooms and access to common areas.
If your moving in denies them access to anything that they rent, moving in is actually a criminal offence.

You can give your tenants two month's notice under section 21, but they don't have to move out at the end of it.
Same with you and your own landlord, they need to give you notice and you don't have to move out, either.

You have to give a minimum of two month's notice to all of the tenants, it's called statutory notice because it's the law.

You're also managing an HMO, which might impact your situation, because it's possible the local authority will require that it has a licence.
And all the usual HMO requirements will apply, even if they don't.
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