UK Landlord Forum / Life

Hello,

I have been letting my house to tenants for the last two years. I provided a s21 notice in July so they could vacate on 21 September 2024 at the end of the tenancy agreement.

Unfortunately their new place fell through. Not wanting to see them homeless, they asked if they could stay until 2 October. I agreed and they paid rent to cover until then. They have now said they need longer, but I need to sell the house so it's not an option for me. They are now no longer responding to the letting agent.

I am concerned as my insurance policies (house and legal/rent protection) lapsed on Saturday. I'm happy to get another policy, but can't seem to without a tenancy agreement in place.

I spoke to my existing insurer's legal team and they advised I could get double rent from the tenants under s18 of the Distress of Rent Act 1737.

What are my options in terms of:

1) getting them to vacate the property so I can put it on the market; and
2) getting insurance cover to protect the building and also if possible, legal cover?

Thank you

Unless the tenants have served notice to you, you can forget the double rent "advice". That applies to tenants who serve notice and then don't actually leave.

Your notice doesn't do anything other than demanding the tenant leave, and, if they don't, you will need to go to court to recover possession. So it's best to try and negotiate with the tenant if you can, because the legal process can take months.

You should probably get new landlords insurance (I'd have thought that legal/rent protection is now impossible).

Thanks for the response.

That's interesting re the double rent. The individual I spoke to had advised that it is applicable if the tenants make a representation to leave by a certain date but don't. I'm not fussed about the double rent, I would just like them to vacate asap. I realise it was foolish of me to allow them to stay longer rather than insisting they vacate on the date the agreement ended.

Do you know of any insurers/brokers that can provide landlord insurance for the building where a tenancy agreement isn't in place?

Quote from: kdot1980 on September 23, 2024, 01:01:22 PMI realise it was foolish of me to allow them to stay longer rather than insisting they vacate on the date the agreement ended.

You didn't, not really. They would have just stayed anyway, without your agreement. Who would turf themselves out onto the street? You have a property, free for their use... may as well stay and make your life a tad more difficult. It's just the fact that they asked you had given you the impression you were in some sort of control.

Quote from: Hippogriff on September 23, 2024, 01:39:49 PM

Quote from: kdot1980 on September 23, 2024, 01:01:22 PMI realise it was foolish of me to allow them to stay longer rather than insisting they vacate on the date the agreement ended.

You didn't, not really. They would have just stayed anyway, without your agreement. Who would turf themselves out onto the street? You have a property, free for their use... may as well stay and make your life a tad more difficult. It's just the fact that they asked you had given you the impression you were in some sort of control.

Yes perhaps. However if I hadn't agreed, at least the insurance policies would have provided coverage in case issues do arise. I think by trying to be accommodating, I've left myself in a tenuous situation. 

Quote from: kdot1980 on September 23, 2024, 01:01:22 PMThe individual I spoke to had advised that it is applicable if the tenants make a representation to leave by a certain date but don't.

The tenant needs to give notice, which is a "representation to leave", but all representations to leave are not notice.

QuoteDo you know of any insurers/brokers that can provide landlord insurance for the building where a tenancy agreement isn't in place

Excluding the rental guarantee element, most landlord insurances I have ever seen don't require a tenancy agreement to be in place, they require there to be a tenancy in place. Which there is.

Quote from: jpkeates on September 23, 2024, 03:27:04 PM

Quote from: kdot1980 on September 23, 2024, 01:01:22 PMThe individual I spoke to had advised that it is applicable if the tenants make a representation to leave by a certain date but don't.

The tenant needs to give notice, which is a "representation to leave", but all representations to leave are not notice.

QuoteDo you know of any insurers/brokers that can provide landlord insurance for the building where a tenancy agreement isn't in place

Excluding the rental guarantee element, most landlord insurances I have ever seen don't require a tenancy agreement to be in place, they require there to be a tenancy in place. Which there is.

Thanks,however every website I've checked so far is asking whether this is a private let between me and the tenants on a AST. I can't see answering that as 'yes' is possible, given the AST that was in place ended on Saturday. Or am I mistaken in thinking that to answer yes, a fixed term agreement needs to be in place at the inception of the policy?

The AST didn't end. They can't just end like that. You still have an AST with the same tenant.

If there aren't terms in the agreement to extend the AST, legislation creates a new periodic AST automatically.

Quote from: kdot1980 on September 23, 2024, 05:13:44 PMOr am I mistaken in thinking that to answer yes, a fixed term agreement needs to be in place at the inception of the policy?

This is subtle. Maybe the people who drew the policy up didn't know about how fixed term ASTs that 'end' (they don't, as said) will currently automatically transition to SPTs (the same thing to all intents and purposes). Or they assume that any new policy will be in conjunction with the commencement of a tenancy - which for now will have a fixed term element - but in the future this will also be meaningless as there won't be any fixed term element to tenancies.

At the end of the day your consideration is about being insured and whether the policy will pay out in the eventuality of bad things happening. We can't tell you that, can we? We can only tell you what legislation exists and the outfit you buy the policy from will have to give you the reassurance you need - in writing, I'd suggest.

Just remember - an Insurer's objective is not to help you, it's to use any fine point of detail (even ones they don't grasp but they have inserted into their Ts&Cs) to not pay out. Good luck.

Thanks all. I spoke to Alan Boswell and was able to secure buildings and legal cover. Appreciate those who provided input and taught me a thing or two.