UK Landlord Forum / Life

Hi,

I would be ever grateful, if you can kindly shed some light into the following query:-

Some Background:
-   I am a landlord, and currently renting my property to my brother
-   My brother, and I signed 18 months Assured Shorthold Tenancy lease agreement
-   I've also allowed his family to live with him, but they are NOT party to the lease agreement
-   The rent is paid at the end of each calendar month, and is always up-to-date
-   His Tenancy ended in 1st/July/2019, and neither party renewal the lease agreement
-   Since, August/2020, my brother & his wife encountered some marital problems
-   As a result, he decided to move out, leaving his wife + children occupying the property
-   He still pays the full rent on time, and has never defaulted
-   I have asked my brother to surrender my property, as he NO longer lives there, but NO joy

My Questions:
1.   Has my brother violated his tenancy agreement by moving out, yet allowing ONLY his family to occupy my property, WITHOUT my consent?
2.   Has the tenancy agreement AUTOMATICALLY turned into a PERIODIC AGREEMENT, since it was not renewed?
3.   I really need my property back hence, how can I LAWFULLY RECLAIM my property?
4.   Do I need to take a LEGAL ACTION, or is there ANOTHER WAY?

Any other hints/tips would be much appreciated.

Thank you,
Roger.

The Tenancy may not have been formally renewed, but it is still valid under the same terms and conditions... it is just a Statutory Periodic Tenancy.

Properly serve a Section 21 to the property, in the name of the Tenant (not anyone else) and be prepared to wait... currently many months. At the end, guaranteed eviction... no ifs, no buts.

Why bother wondering whether anyone has breached any terms of the tenancy agreement? Some cases are clear-cut and some aren't. Just go the Section 21 route and be patient. Give everyone some time to re-organise.

Thank you for a speedy reply, much appreciated.

I personally do not want to take the matter to court, as I will definitely will become unpopular with my parents.

Moreover, there is also the danger I will fall out with other family members, because they know how to apply emotional leverage!

That said, if serving Section 21 is the ONLY way for a resolution, then I have no choice in the matter.

Thank you for your constructive advice.

Beyond obtaining agreement, it is how you'd do it, yes.

It seems you don't have agreement. But a Section 21 doesn't imply Court is a natural follow-on... just that things are being done formally, rather informally... Section 21 cases only reach Court if the Tenant refuses to leave beyond the date when the Section 21 expires. The overwhelming majority, one presumes, of Section 21s proceed without the need for any Court involvement. The ones you see on TV obviously don't.

That said... all you've said here is that you really need the property back... not exactly why... and most people who let out property are generally happiest when the rent is coming in with no bother. Which you do have here.

The wife and children will have the same right to live there as the tenant through family law. The husband moving out does not end his tenancy or liability to pay rent.

@HIPPOGRIFF
Interesting!

I guess serving Section 21 would not only demonstrator the seriousness of my action, but hopefully apply some psychological pressure!!!
You are absolutely correct '..let out property are generally happiest when the rent is coming...' hence, my intention was never about money, rather a matter of help/trust/principle i.e. we had an agreement at the start, that it was a temporary arrangement for him & his family. Additionally, I now have my own family, and require a bigger living space.

@DPT
Rather worrying!

What if, in the likelihood of an EMERGENCY i.e. knowing that the signed tenant (brother) is living elsewhere, whilst his family living in my property, and are NOT party to lease agreement?

Absolutely no idea what that last sentence is trying to say.

There is a tenancy, tenancy is still assured shorthold due to wife of tenant living there, serve notice to tenant like every other AST and if necessary and desired, take it to court for order for possession.

Quote from: AliRoger on October 26, 2020, 06:56:06 PMI guess serving Section 21 would not only demonstrator the seriousness of my action, but hopefully apply some psychological pressure!!! You are absolutely correct '..let out property are generally happiest when the rent is coming...' hence, my intention was never about money, rather a matter of help/trust/principle i.e. we had an agreement at the start, that it was a temporary arrangement for him & his family. Additionally, I now have my own family, and require a bigger living space.

Two comments I might make here, then...

A Section 21 should not be seen as any kind of escalation, demonstrating the seriousness of the situation at all... it's how most normal tenancies are brought to an end... the notice received is a little formal and kinda harsh-sounding, but most Landlords would serve a Section 21 on Tenants they'd like to leave... not all tenancies end through choice of the Tenant, of course. A Section 21 doesn't really apply pressure either... it just formalises things, as they should be... there will be plenty of time for them to find somewhere else to live.

Secondly, you require the house now because you have a larger family... and although you might consider it pressing or more than a nice-to-have, it couldn't be defined as an emergency. So you have time.

If you were more keen on maintaining relationships / your position within the wider family group, then I would be considered providing further help... by that I mean, you assist the Tenants as much as you can and find a way for them to leave willingly, even obligingly... usually this resolves to £s.

@HIPPOGRIFF
Thank you for expounding further, very encouraging & valuable feedback, much appreciated.

In terms of maintaining relationships/helping my brother, I did offer to pay a monetary compensation, i.e. proposed to pay FULL 1st year rent towards their next property, but no joy!

@DPT
My apology, I was rather vague.

Since my brother decided to leave the property, I received a catalogue of issues/complaints from his wife; e.g. broken front door, bedroom window smashed, loud neighbours, etc. and when questioned her response is rather aggressive! Hence, not sure whether her anger is directed at me/my property/my brother!

Thus, I was rather being pessimistic/cynical/apprehensive, that her anger may lead to serious fatality.

Many thanks for your response.

If you have offered to pay the upcoming year of rent (an amount I'd suggest is incredibly generous) and it is (could easily become?) a known fact that kind offer was rejected, and you have genuine need of the property for yourself, then how could you be worried about becoming unpopular with your parents?

Are you the black sheep of the family? Is this the favoured son we are talking about?

Obviously you will have learned the hard way that one should never let to family or friends.It sounds as if you have been very forebearing indeed,and he and his wife have taken advantage of this.You must be pragmatic now,and if your family choose to make an issue of this,that is their problem.In my experience most families have some undercurrents of resentments and dislikes,which is why I like dogs best.Good luck.

Firstly, my previous message was meant for @KTC and NOT for @DPT, my apology.

@HIPPOGRIFF
Not sure, I was a SAINT in the family for the past 18+ months for helping my younger brother & his family, perhaps, s/he are masters of playing with family's generosity, and portraying me as the bad guy.

Be that as it may, I shall plod along with your constructive suggestions, and proceed with Section 21. Moreover, I waited 18+ months, hence another 3/6 months will be a test of my patience.

@ HEAVYKARMA
Well said!

Today I understand & experience first-hand the phrase 'NEVER DO BUSINESS WITH FRIENDS OR FAMILY', henceforth beginning to doubt the connotation of 'CHARITY BEGINS AT HOME'...

Thank you, for your input.