SMF - Just Installed!

Unusual one. Anyone come across this?

Started by Anglew, February 01, 2024, 08:02:01 PM

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Anglew

Hi
Can I first say that although this is my first post I have been reading this forum for a long time and found it really informative.   This is the first problem I've had in 14 years of renting

I have been renting to a charity,  first contract was three years. Second was five years which is due to end in a few weeks.   The occupier they put in is disabled. He has damaged stuff over the years but the charity has paid up no,problem.     The property is really showing signs of wear and tear over and above the norm.

We were contacted by the charity via our agents to say we wanted possession at the end of the tenancy and would not be interested in a new contract as we want to sell.our agents did not issue a section 21 notice as they said there was no need

The charity have now said they are in the process of folding and have been in touch with the occupiers social worker suggesting he takes a tenancy in his name.  The social worker has been in touch with our agents to try and get this to happen. The occupier has an assignee which sorts all the finances and would ensure rent was paid

From what I've read I think a section 21 should have been issued.    There is nowhere for the occupier to go.  The charity seem to want to wash their hand of him once the tenancy ends

Just wondering is anyone has been in this situation.   We would be prepared to move to a periodic and give a few months grace until a new home can be found but would want this to be with the charity.   We don't want to issue a new agreement in the occupiers name.

Trying to find a solution here.  The occupier is a nice guy but wouldn't be able to deal with anything on his own.     

Any ideas welcome


jpkeates

If your agreement is with the charity, you can't issue a s21 notice because it's not an AST. The charity's agreement with the occupant (their tenant) might be an AST.

When the tenancy with the charity ends, if the occupier remains in residence, they will automatically become your tenant, so the charity will indeed wash their hands of the issue (and will, from the sound of it, disappear completely any moment). At that point, you would have an AST and could, in theory, serve a s21 notice. But the chances for it to be valid are remote.

You should probably consider entering a new tenancy with the occupant now. Make sure everything about the new tenancy is watertight. In four months or so, you'll be able to serve notice.

The tenant probably shouldn't really agree to sign a new tenancy agreement with you, but probably won't know that.

This happens all the time with rent to rent agreements, it's not inevitable, but it's quite a common (and even likely) outcome.

heavykarma

I have two properties let for a similar time to a charity who house and support adults with learning difficulties. I got legal advice and they had standard leases which have long since been periodic. I declined their request for 5 year leases a few years ago.

They have been very good regarding the care they give, and  have gone further than required regarding making good wear and tear and damage. I really feel for you, because they are going bust and not worried about bad publicity it's hard to see what leverage you have in getting posession.

I would seek help from a specialist eviction company. It won't be cheap, but you can't afford to get this wrong. Please tell me, their name does not have the initials A. H. does it?