When can I get my property back?

When can I get my property back?

9:43 AM, 8th February 2024, About 3 weeks ago 9

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Hi, I need some advice as my tenancy agreement ends in August 2025, I want my property back as I am getting divorced and need a place to live! I have a rental agreement with a housing association, who have a tenant in place.

I intend to advise the housing association that I rent the property to, in August 2024 that, I want my property back in August 2025. (Giving them a year’s notice)

I fully expect then to extend the lease another 6 months as housing is in short supply where I live.

My lease states the following:

8.1 The tenant shall at any time be entitled to extend the terms by written notice to the land for a further 6 months.

8.2 The lease shall be automatically extended at the end date if the tenant has been unable to obtain vacant possession from its subtenants. In that case, that lease shall, without need for further agreement continue on the same terms and conditions and at the same rent until the tenant gives the owner that vacant possession from the sub-tenants has been obtained and the naming the day within twenty- eight working days of that notice of that notice that the lease will end.

My question is: when would I get the property back September 2025 or February 2026

Any advice is appreciated.


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Comments

David Houghton

10:12 AM, 8th February 2024, About 3 weeks ago

Probably when the council finds somewhere else for their tenant. You offset one risk by taking on another

SimonR

11:11 AM, 8th February 2024, About 3 weeks ago

You would need to serve the HA a notice to quit as and when your contact with them allows. The tenants contract and your most likely don't align so they should serve notice when the sub tenancy agreement allows.

Paul

12:25 PM, 8th February 2024, About 3 weeks ago

I would be most worried about 8.2.
The lease shall be automatically extended at the end date if the tenant has been unable to obtain vacant possession from its subtenants. In that case, that lease shall, without need for further agreement continue on the same terms and conditions and at the same rent until the tenant gives the owner that vacant possession from the sub-tenants has been obtained and the naming the day within twenty- eight working days of that notice of that notice that the lease will end.
How hard are they going to try to obtain vacant possession when 8.2 says if tenants doesn't move out, you have to wait. THEN still wait a further 28 WORKING days to gain possession. So to answer your question, i'm afraid it will be 6 weeks after the tenant chooses to move out, which might be never.
Blimey. Just realised that they can freeze the rent too.
further agreement continue on the same terms and conditions and at the same rent until the tenant gives the owner that vacant possession from the sub-tenants has been obtained !
Councils and housing associations will stitch you up every time.

Kat Scott

12:38 PM, 8th February 2024, About 3 weeks ago

It sounds like the contract was provided by the HA, which is not good. You need to seek special advice. As you have let to HA it is a commercial lease agreement you have entered into. They should have not subet under AST's but as they have written clauses that give them time to obtain prossession back it sounds like they have. Commercial agreements come under the 1954 landlord & tenant Act.
Also as a HA letting out they own properties they do not need to be a member of a redress scheme but as they do not know your property they do need to be in order to do this activity. Ask they for the details of the redress scheme they are a member of. It's likely that they are not. You could try to use this angle to ask for early release. They are in breach of the requirements. It's good that you did not sign the agreement with a LA!
A warning to all landlords when a company be it HA, LA or company want to let your property you should provide the contract always, with no exceptions, after obtaining one from a specialist solicitor and charging the company entity the full legal costs up front.
These type of agreements are also know as rent-to-rent. If you do a search with these words you should fine info.
I believe the landlord associations should give landlords more guide when approach to sign up for such schemes on how to handle them to ensure your interests are fully protected.

PETER harvey

13:33 PM, 8th February 2024, About 3 weeks ago

Reply to the comment left by David Houghton at 08/02/2024 - 10:12
yes despite giving the council all the appropriate notice to get my property back - they only bothered to look for a property for the tenant when i commenced eviction proceedings - in the end it was 2 years before i got it back - as you say you are swapping one risk for another -

lh

David

16:43 PM, 8th February 2024, About 3 weeks ago

Oh dear! As with many rent to rent arrangements it sounds as though you've been shafted. If the housing association has an automatic right to extend then you may struggle to get your property back at all. You need specialist legal help from a landlord and tenant solicitor.

Cider Drinker

18:16 PM, 8th February 2024, About 3 weeks ago

I’d advise that tenancy agreements end when the tenant or a court says so.

Cider Drinker

10:11 AM, 9th February 2024, About 3 weeks ago

8.2…

You signed up to THAT?

Michael Crofts

16:24 PM, 10th February 2024, About 3 weeks ago

To the original poster -
Sorry to read about your problem, especially as it is at a stressful time.
Please do not rely on any advice you get here or on any other internet forum. There is already one incorrect piece of information in the replies, the wording you have provided suggests to me that you have signed a very onerous agreement, and if you mis-handle the situation you could end up in an even worse pickle. I'm a retired chartered surveyor and I used to manage the largest estate of private tenanted properties in the county but I no longer have PI insurance so the only advice I can give you is to find a competent solicitor with detailed knowledge of all the Housing legislation and so-called rent-to-rent agreements. The best and cheapest way of getting started is to use the Landlord Law telephone consultation service, (link below), but check first that they will advise on rent-to-rent agreements. Otherwise I suggest you instruct Ryan Heaven at duttongregory.co.uk - last time he advised me he charged £250 per hour + VAT but that is the sort of cost you will have to pay and he is very good.
Do not use a solicitor who does mainly divorces with a bit of landlord and tenant work on the side. You need a specialist.
https://landlordlaw.co.uk/openaccess_content/the-landlord-law-telephone-advice-service/

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