SMF - Just Installed!

Notice to quit tenancy by tenant

Started by Killjoy, June 25, 2024, 05:28:36 AM

Previous topic - Next topic

Killjoy

We have a long term tenant (15 years) who informed us she is moving out to live with her boyfriend. However she has two children (who are now adults (18 & 24)) living with her. Our tenant asked us if we would transfer the tenancy to her children of which we have declined as neither of them have ever been added to the tenancy.

The reason is that one of us has staff accommodation that comes with the job and we have been advised that this is being revoked and we have to move out, we will become homeless and we will have to sell our property.

Does anyone know where we stand legally?? any advice would be appreciated.

jpkeates

Legally, things are pretty simple. Practically, possibly, less so.

Your tenant can either continue their tenancy or end it buy giving notice. Telling you they're moving out is probably not notice.

The tenant can't transfer the tenancy, and, probably, neither can you. And, without your agreement, that definitely can't happen.

But, if they don't end the tenancy and simply move out, the tenancy will continue until you end it yourselves. Moving out doesn't end a tenancy although at some point it might change the specific type of tenancy.

Your situation is not linked to the tenants. What did you intend to do given your own situation, ignoring what the tenant has said. I'd simply do that and ignore the tenants distraction.

heavykarma

Don' t over-  complicate things. If she has been a good tenant for so long there must be some measure of good-will and trust on both sides.  You don' t mention any reason to suppose that she or her children are looking to make trouble. You have no legal or moral obligation to take her family on as tenants.

Simply ask that she gives proper notice in writing a month before leaving, and mention in passing that your own circumstances require you to sell.     

havens

It sounds like a tricky situation. Since the lease is only in the original tenant's name, you're totally within your rights to say no to transferring it to her kids. The tenancy is just with her.

If you end up needing to move out and sell your place because of the staff accommodation issue, just make sure to follow the right steps to end the tenancy. It might be smart to get some legal advice to cover all your bases.