I Want To Repair My House And Sell It..But Still Have A Tenant Living There

by Readers Question

10:30 AM, 17th October 2014
About 4 years ago

I Want To Repair My House And Sell It..But Still Have A Tenant Living There

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I Want To Repair My House And Sell It..But Still Have A Tenant Living There

I have a property, which I rent out, most of the tenants have moved out, however there is one left, she has a small child as well. She has a AST contract with me for 6 months, there is 4 months left on it. She owes some arrears (a months worth) I Want To Repair My House And Sell It..But Still Have A Tenant Living There

I want to repair my house, re-fit a new bathroom, shower, kitchen and other things and eventually sell the house. I can’t do all this with her living there. I’m struggling to pay the mortgage, times are very hard for me

Is it possible for me to get her to sign a Surrender Tenancy contract, whereby we both agree to terminate the tenancy? She wants to get housed by the council, but they will only help her if she is homeless, so if she signs the Surrender Tenancy letter, she is technically homeless? and can get help from the council? and I can start work on my house..

Is it possible the council will force me to take her back if after she has signed the Surrender Tenancy, and left the property on her own accord?

Thanks

John Tanyana



Comments

Mark Alexander

10:32 AM, 17th October 2014
About 4 years ago

Hi John

If your tenant signs a Tenancy Surrender and then claims she is homeless the Council will rule that she has made herself intentionally homeless and will not be obliged to help her.
.

John Tanayan

15:44 PM, 17th October 2014
About 4 years ago

Reply to the comment left by "Mark Alexander" at "17/10/2014 - 10:32":

Hey thanks for the reply, if they dont house her, will the council be able to force her back in to my house? Will i be cleared of all liability if she signs the surrender tenancy agreement ? Meaning she signs it, she gives me the keys and moves out, and then she goes to the council and they refuse to house her, will they try to force her back on to me?

Mark Alexander

16:25 PM, 17th October 2014
About 4 years ago

Reply to the comment left by "John Tanayan" at "17/10/2014 - 15:44":

Only if they can have good reason to believe that she was tricked into signing or signed under duress, in which case that could be considered to be an illegal eviction.

If in doubt get an independent witness and involve a solicitor.

You could always incentivise her financially and that might help her to find a new place quicker, e.g. good reference and you pay the deposit.
.

John Tanayan

16:41 PM, 17th October 2014
About 4 years ago

Reply to the comment left by "Mark Alexander" at "17/10/2014 - 16:25":

If i involve a solicitor does that make things more clear cut, and the council has less chance of trying to force her back in?

Yes if she finds a room i am willing to pay the deposit as well as give her a good reference, however would i not first have to surrender the tenancy?

Mark Alexander

17:06 PM, 17th October 2014
About 4 years ago

Reply to the comment left by "John Tanayan" at "17/10/2014 - 16:41":

Hi John

If you help her to find a room then the Tenancy Surrender and payment of the new deposit can all be done "on the doorstep" on move out day. I see no reason to involve a solicitor in this process as the payment of the deposit can easily be incorporated into a Tenancy Surrender Agreement which can be downloaded here for a fiver - see >>> http://www.property118.com/surrender-tenancy-agreement/67939/

A witness is never a bad idea.

If your tenant obtains independent legal advice with regards to surrendering a tenancy (even if that advice is paid for by you) then any accusations of foul play would be far easier to dismiss so in answer to your question, yes you would be far better protected.
.

John Tanayan

17:25 PM, 17th October 2014
About 4 years ago

Reply to the comment left by "Mark Alexander" at "17/10/2014 - 17:06":

hey thanks for the advice so far, its helping put my ,mind to rest

Can i ask the link to the agreement you just gave me how would i incorporate into the tenancy surrender document, copy and paste it? or attach it to the document?

Mark Alexander

17:40 PM, 17th October 2014
About 4 years ago

Reply to the comment left by "John Tanayan" at "17/10/2014 - 17:25":

Hi John

I am not sure I understand your question.

Have you downloaded the Tenancy Surrender Agreement yet?
.

Jerry Jones

9:50 AM, 18th October 2014
About 4 years ago

Are you really so desperate that you will make someone who has done nothing wrong homeless with all that implies in terms of council B&B accommodation for her and her child? Perhaps you should be working with her to find a decent new landlord in the private sector. With your backing it will be a lot easier than if she just rolls up off the street to apply for a room or a flat. It seems to me that she should be entitled to the 2 bed rate of LHA and thus able to move into a house or flat. Whereabouts are you - perhaps someone else on P118 may be able to help you get her rehoused?


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