AIBU to end a tenancy so my niece can live there?

[SunnyDaysAndCoolNights]

We have a house that we rent out to a family with 2 children who have been in the house for about 7 years. The house is in the same city that our niece is at university in.

Just after Xmas, my niece asked us if she could live in the house for her second and third year at uni, (possibly longer) as the houses she had looked at weren’t very nice and she can’t stay in halls.

After speaking to my husband, we decided to say yes and we gave our tenants a section 21 notice in February. Our tenants were/are not happy and have been advised to stay in the house by the council. We thought that may happen which is why we served the notice in February despite my niece not needing the house until September. We were also aware of the new rules coming in soon which would make it harder to end a tenancy.

Since finding out that we have ended the tenancy for our current tenants, my brother and his wife (not nieces parents) have told us that we are ‘typical arsehole landlords’ for ‘kicking out a family’. They think our niece, also their niece is selfish for asking, that she could have found somewhere herself and that we should have put our tenants first as they have been our tenants for quite a long time and they have children. My brother and his wife rent with their children, so obviously that may play a part in their feelings on this. I feel upset they would say these things as I think it’s normal to put your own family first. My other brother and his wife who are parents of my niece are very annoyed at our other brother and his wife.

Would you have done the same as we have or would you have put the tenants first and said no to your niece? I do have sympathy for my tenants, they’re a nice family and have been good tenants, but obviously we love our niece and to us, she comes first.

Why did you start this thread op? What did you hope to gain? I don't get it!! Did you not expect this strength of feeling, given the current economic/housing climate?

Silly decision, but it’s your house to do with as you wish. You’ve lost 5 months income for no reason while you wait for the eviction, and your niece and her housemates won’t treat the property well. They should have found dedicated student housing instead of asking (lots of landlords runs student HMOs as business models, there’s still actually quite a lot of student housing to go around - often leaving families needing private rent struggling to find something suitable!)

But it’s done now.

Make sure your niece’s family know that serious damages will be paid for…. You don’t want to end up covering that just because you’re family.

Her parents are upset at your brother for kicking off? So they are also quite happy at a family being evicted to make way for their daughter?

No, OP obviously didn't expect this or the shitload of karma coming her way 😂

Also I might say that I don’t think you’re doing your niece any favours here. She seems to have a lot of non-negotiables, not just not being able to live with people, but also standard of accommodation, distance from uni, cycling there etc. I’m not sure this is realistic for the future- what is she going to do once she’s finished uni? If she needs to move somewhere to get a job?

Unless a willing family member is going to buy her a place in every location wouldn’t it be better for her to dip her toe into the normal rental market to stand on her own two feet now. Much better to do this as as a student than once she’s at work. And as others have said, nothing stopping you or her parents helping her out with rent as a halfway house.

But people are berating the OP for "putting the poor family out on the streets so she can house her over privileged niece"

In reality - OP owns a property. She has had tenants for 7 years and now wants it back. It doesnt matter WHY she wants it back, she just does. Its her property and she is entitled to let it, or not.

I suspect the same. Why is he giving you such a hard time for helping family?

I am shocked by the amount of people on this forum who think you shouldn’t do what you want with your own property.

And I say the above despite your assertions your niece won’t do that.

it’s because my own ds is autistic and he wouldn’t have the ability to stop others taking advantage of the situation and arranging parties he didn’t want!

Yes it was very mean and inconsiderate of you to turf out your tenant so your relative could stay there. Why could she not find a different house. People like you give landlords a bad name.

There are going to be no housemates apparently. The niece is getting the flat to herself as far as I'm aware - at a discounted rate

She posted asking for opinions and she got some

For those asking why our niece couldn’t live with us full time, although we live not too far from her uni that the journey is ok from our home, it is not ideal to commute comfortably daily for the next 2 years. If she wanted to live with us, she knows that’s an option but she likes her own space and likes peace. We also have our own children to think of and aspects of my nieces autism can be difficult.

As a LL myself, I think this is a pretty awful thing to do. Why can’t your niece stay in halls, or find a flatshare?

I’m torn on this.

You sound like a very loving aunt and it is a lovely sentiment that you want to help family, but I wonder if this is a missed opportunity to examine an important life lesson for a young adult. Obviously, I don’t know the full extent of the challenges she faces with her autism, but from what you’ve said it seems like the repercussions on your tenants wasn’t explained to her at the time she made the request.

A large part of growing up is learning to manage life within your means. She and her parents cannot afford the housing which meets her standards and she (or her parents?) made a very bold request for the use of your house. The uneasiness I feel with the situation is not that you agreed to it, but it is that you agreed to it WITHOUT explaining the full situation to her. She might have felt differently if she knew the difficulties her request would put your tenants in; or she might not have, however, she wasn’t given the opportunity to make an informed decision and take a 360 degree view of the full picture. This is the part left unexplored that I feel is unfair to your niece and the tenants.

But it’s happened now so I don’t think there’s much anyone can do.

I am sorry @SunnyDaysAndCoolNights I think that in an awful thing to do, I hope it comes back to bite you on your arse, awful behaviour on your part.

I get it. Its a way of making the broken system work by pushing their responsibilities onto private landlords.

But Its still not the OPs problem 🤷‍♀️

She sounds very selfish and entitled. How can she ask you to kick out a family for her?

Contrived tenancy - renting to a family member below the market rate and can make it impossible to get housing benefit . How is she going to pay rent, bills, food etc on what she gets as a grant

In reality - OP owns a property. She has had tenants for 7 years and now wants it back. It doesnt matter WHY she wants it back, she just does. Its her property and she is entitled to let it, or not.

You're right. Legally there is nothing wrong with what OP is doing. It's her property and she is entitled to use it as she sees fit (within the law). No one is arguing otherwise.

What posters are saying is that it's a shitty thing to do. She has good tenants, they are a family, they have a life there. You have to be a very hard nosed landlord to not feel for them.

And it's all so unnecessary. The niece does not need to live there. It's not as if OP has had to choose one or the other, she could have helped the niece and retained the tenants.

Which would also make better business and financial sense.

Well the law is about to disagree with you. The reason does matter - and there are only a few reasons that will be lawful, although housing a close family member will be one. it is unlikely that a niece would qualify as a close family member but that is likely to come out in the wash of court cases. It's exactly because of landlords like the OP that new laws are coming into effect.

@SunnyDaysAndCoolNights

Which aspects of your niece's autism are especially difficult, OP?

@SunnyDaysAndCoolNights did you look at any studio/1 bedroom flats for your niece?

No, you should have left the family with young children in there. Thats mean!

They've been good tenants and you've done the dirty on them. Those children are in schools so it will be more disruptive for the family to move.

Your niece is less tied/more mobile so could have found elsewhere. Shame on you.

Bank of mum and dad I expect.

I let out my old home and think this was really bad form , not all landlords are selfish people .