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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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

1000 replies

SunnyDaysAndCoolNights · Yesterday 14:12

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.

OP posts:
SDTGisAnEvilWolefGenius · Yesterday 19:37

As I said, @SunnyDaysAndCoolNights - why not keep the current tenants, and use the difference between the rent you were going to charge your niece, and the rent your current tenants pay, to boost your niece’s budget so she can get somewhere suitable?

Everyone wins.

likelysuspect · Yesterday 19:39

FormerCautiousLurker · Yesterday 19:24

Stunned at the lack of insight. They will likely need to find a substantial deposit for a new rental, unless the deposit held by OP from 7 years ago is big enough. They also need to find a rental in the catchment area of their children’s schools, 2 months is likely to be too short a period to pull that money together. They will also have to pay a removals company, pack up their home of 7 years etc.

Honestly, it is beyond disgusting that @SunnyDaysAndCoolNights is evicting this family from a 2/3 bed home to make room for a single occupant who has lots and lots of options available, not least as she is autistic, access to on campus rooms for the duration of her degree.

They would have to have done all that when OP sells anyway. Whats the difference?

DeftWasp · Yesterday 19:40

SunnyDaysAndCoolNights · Yesterday 19:32

You said you are trying to come to an arrangement with your tennants, what sort of arrangement?

We have another property that is a bigger that they can have for the same price as they were paying even though it would usually rent out for more.

At the moment they are saying it isn’t suitable as it would mean getting the bus to school. That would not be for long though as the kids will move to secondary next year and the year after and this house is closer to the secondary school they will go to. We are also putting a new kitchen in early next year along with doing some other work and they say they don’t want the hassle of workmen in, but it needs doing so it’s not negotiable. They also like where they are as they have family a few doors down. If they’ll accept that house, that would be great and I think it will actually be lovely for them as it has an extra bedroom for the kids and a much bigger garden. I understand they would rather stay where they are though and are possibly hoping to get a council property by staying put.

Before anyone says let niece have that one, it’s too far from uni, it’s far too big and she definitely wouldn’t cope with having work done on the house.

OK, well that changes the picture and is a reasonable swap.

Jaichangecentfoisdenom · Yesterday 19:40

UnhappyHobbit · Yesterday 19:33

My idea is still valid though. The council houses are cheaper in rent.

Perhaps they might be able to buy with all these supposed rental properties flooding the market.

What council houses? You seem to live in a world where there is an unending supply of lovely, beautifully maintained and situated council houses at low rents which anyone would love to live in. Where are they, exactly?

CaptainMyCaptain · Yesterday 19:40

If @SunnyDaysAndCoolNights had mentioned the offer of the alternative house in the first place this might not have been such a long thread.

Diorling · Yesterday 19:41

Hi,
I understand how difficult a decision this must have been, I too had a property I let out, and really loved being able to put a roof over the head of another family.
It was a good house in a great area, kept in good order, and though I never made a huge amount of money it was lovely to think it was there and helping others.

I actually first bought the house for my daughter, and grandchildren. She is disabled, and needed somewhere to live when her relationship split up, but no sooner had I bought it than she got a job elsewhere, and moved away. So I let it out to others. But absolutely, if she had said at any time she needed it, family comes first, especially as she is wheelchair bound, and I would have given my tenants notice to quit.

But times have changed. The new tenancy rules coming in - and the tax changes - mean it’s now a huge risk to let to others. Whereas in the past I had 3 months free of council tax when the house was empty, so could get major works done between tenants, that’s now gone. In fact I had to pay double council tax this time. Tax on rental income is now massively increased too. It’s simply not worth it any more. So I’ve sold my property. I had good tenants. I helped my tenants find somewhere else, gave them extra cash support for their deposit, did my best to be a positive support to them in finding somewhere else, (and actually did find them an alternative that location wise was better for them and they subsequently moved there) but my own family absolutely comes first.

So I’m with you OP. It’s hard I know to give notice to quit to good tenants, and certainly no one wants to make anyone homeless, and certainly you are taking a risk in trusting a family member, but you have to make the decision that feels right for you and your family.

likelysuspect · Yesterday 19:41

Tsundokuer · Yesterday 19:37

You can kick them out for any reason or none until the 1st May. Then the grounds reduce significantly and it will be much harder to get tenants out - partly why it is now so difficult to find properties to rent as landlords leave the market.

Yep, its what the anti landlord voices wanted though. Everyone warned the outcome would be fewer properties and this is it.

Jaichangecentfoisdenom · Yesterday 19:41

DeftWasp · Yesterday 19:40

OK, well that changes the picture and is a reasonable swap.

Yes, I agree absolutely. In that case, it seems to me that the OP is giving a very fair option to her current tenants and they would be very unreasonable to reject this offer.

nevernotmaybe · Yesterday 19:41

SunnyDaysAndCoolNights · Yesterday 15:55

No, because from the start I have said I have sympathy for the tenants but that I will put my niece first. It’s not as if in my first post I said I have found it easy or that it’s a decision I enjoyed making. I already agreed that it’s awful for the tenants but I do still feel that my niece has to come first as she is my family and needs help.

Your niece needed no help at all, she has her own life to figure out like everyone does she isnt stuck in an impossible situatio. She could have taken a year out, saved, found somewhere appropriate with set people or herself then returned. You could pay to help her get a better house or flat for the next two years. If she won't be paying as much you are losing money anyway.

neverbeenskiing · Yesterday 19:43

A home is a home

I don't understand this. Surely, logic dictates there has to be a distinction between a home you own, and a home you rent that belongs to someone else. When I was renting I was always very much aware that there was no guarantee of permanence, because it wasn't my house and the person it actually belonged to could decide they wanted it back, to sell it or live there themselves for example. I knowingly entered into that arrangement, so how could I then profess to be shocked if I was asked to leave because 'it's my home'? Provided I was given reasonable notice, I always felt it was fair enough.

Lots of posters seem to think that because the couple renting OP's house are 'good tennants' this should entitle them to live in her house until they decide it's time for them to leave, and the OP is morally corrupt for not going along with that. But I never felt that my LL's owed me any kind of personal sacrifice, just because I stuck to our agreement by paying the rent on time and taking care of the place.

OP has said repeatedly that she was planning on selling the house soon anyway, is that heartless of her too? Is she supposed to just accept that she's not allowed to sell her own house and must remain a LL for as long as this family want her to, even though being a LL doesn't suit her anymore? That doesn't make sense to me.

KeepPumping · Yesterday 19:44

MyNameIsClementine · Yesterday 19:34

The responses on this thread came as a bit of a shock to me. Whilst I understand the family is now in a difficult situation, they have been given a fair bit of notice. For them to leave the house eventually does seem like a likely outcome regardless, given that the OP has said she always anticipated selling the house in the next few years.

This has made me reconsider renting our own home. We are living abroad for at least the next 5 years and had considered letting out our own home whilst away, with the intention of eventually returning to occupy it. We would let it with this understanding, ensuring the tenants were fully aware of our current anticipated return date. Of course, there is always the possibility of job loss, health problems, or other issues that could bring these timelines forward. It seems like many people would consider our plan to be unethical, and we may need to reconsider.

It is not unethical, you might just have to go to court for a year or so to get them out, are you prepared for that? In reality I think most tenants leave when they are asked to, or within a reasonable time of getting notice.

SunnyDaysAndCoolNights · Yesterday 19:45

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OP posts:
GoBazGo · Yesterday 19:45

Worrying34 · Yesterday 14:57

This thread is very eye opening.

Genuine question, do people on here think when you rent somewhere out you have a moral obligation to continue providing that house indefinitely until if and when the tenant choose to leave?

And that it doesn't matter if the landlord's family circumstances change or if you decide you want to sell the property etc.?

I'm just trying to understand what circumstances it would be ok for the OP to end the tenancy agreement in most posters' eyes.

^This. If the landlord wants to take the property back and use it to house their ping pong table they are perfectly entitled to.

It’s their property. I agree with others, I don’t know why your brother is poking his nose in, it’s probably a sibling thing. We’re landlords and my sibling sometimes makes barbed comments.

dreamiesformolly · Yesterday 19:45

Sorry OP, it’s a dick move.

KeepPumping · Yesterday 19:47

So the thread has moved from - They will be in a hostel next to dangerous people because there are not enough houses! To - The SAME landlord has a spare house that they can also get for under market rent, but the house is an even bigger one than the one they are in! LOL

FormerCautiousLurker · Yesterday 19:47

likelysuspect · Yesterday 19:39

They would have to have done all that when OP sells anyway. Whats the difference?

  1. Because she isn’t selling
  2. because you usually offer the sitting tenants an opportunity to buy
  3. because if you sell with sitting tenants, prospective buyers may also be landlords and willing to continue the tenancy
  4. because if you sell in the current market it can take 6-12m or more to find a buyer and do the conveyancing, so gives the sitting tenants time to regroup and try and find somewhere
  5. because if the landlord sells, and the tenants cannot find anywhere, they would fulfil the criteria of the local council for being made homeless and may become a priority on the waiting list, and
  6. again, because she isn’t selling.
Hobbittyhobbs · Yesterday 19:47

Well, you made a family with children homeless so that you could make life a little more convenient for your niece. What do you want us to say?

carly2803 · Yesterday 19:47

massive dick move. Who does this? kick out a nice long term tenant for a short term family let (which will likely go tits up - they normally do)!
congrats on adding to landlords shit rep!

TheSeventh · Yesterday 19:48

As you won't be charging her rent, why dont you put some of the rental income towards her renting a nice little self contained flat, then nobody has to be evicted and your niece gets to live alone

KeepPumping · Yesterday 19:49

GoBazGo · Yesterday 19:45

^This. If the landlord wants to take the property back and use it to house their ping pong table they are perfectly entitled to.

It’s their property. I agree with others, I don’t know why your brother is poking his nose in, it’s probably a sibling thing. We’re landlords and my sibling sometimes makes barbed comments.

Under the new laws they wouldn"t be able to get it back for a ping pong table, that is why people are in such a panic about the new regulations.

KeepPumping · Yesterday 19:51

carly2803 · Yesterday 19:47

massive dick move. Who does this? kick out a nice long term tenant for a short term family let (which will likely go tits up - they normally do)!
congrats on adding to landlords shit rep!

They are offering the tenant a bigger house for the same rent near to the school their kids will soon attend, and the tenant is being difficult! This family need to be told to fuck off as soon as possible I think.

FormerCautiousLurker · Yesterday 19:51

SunnyDaysAndCoolNights · Yesterday 19:32

You said you are trying to come to an arrangement with your tennants, what sort of arrangement?

We have another property that is a bigger that they can have for the same price as they were paying even though it would usually rent out for more.

At the moment they are saying it isn’t suitable as it would mean getting the bus to school. That would not be for long though as the kids will move to secondary next year and the year after and this house is closer to the secondary school they will go to. We are also putting a new kitchen in early next year along with doing some other work and they say they don’t want the hassle of workmen in, but it needs doing so it’s not negotiable. They also like where they are as they have family a few doors down. If they’ll accept that house, that would be great and I think it will actually be lovely for them as it has an extra bedroom for the kids and a much bigger garden. I understand they would rather stay where they are though and are possibly hoping to get a council property by staying put.

Before anyone says let niece have that one, it’s too far from uni, it’s far too big and she definitely wouldn’t cope with having work done on the house.

Well, FFS, why didn’t you just say so in the opening post?

What a waste of everyone’s time. If you are maintaining the monthly rent for your tenants to reflect that they are having to move at your convenience (perhaps waiving a month to cover removal costs) and working with them to see if it works for children’s school and catchment areas, this is feasible. No idea why you didn’t just state this in your opening OP rather than set this up a rage bait.

ChampagneLassie · Yesterday 19:51

I’ve had my share of shitty landlords and I’m one of the first to call out bad landlord behaviour but I don’t take such a dim view as others here. I think it’s quite noble of you to want to help your niciece and I agree putting family first. It’s a real shame that your tenants are settled and sounds like it puts them in difficulties. I think I’d put more efforts into trying to find the niece alternative accommodation, could you get another B2L for her?

GoBazGo · Yesterday 19:52

KeepPumping · Yesterday 19:49

Under the new laws they wouldn"t be able to get it back for a ping pong table, that is why people are in such a panic about the new regulations.

You can get it back under the guise of repairs, planning to sell, family use. Who’s going to check? As long as you don’t try to re-let within 12 months.

So yes op could play ping pong in it.

likelysuspect · Yesterday 19:52

FormerCautiousLurker · Yesterday 19:47

  1. Because she isn’t selling
  2. because you usually offer the sitting tenants an opportunity to buy
  3. because if you sell with sitting tenants, prospective buyers may also be landlords and willing to continue the tenancy
  4. because if you sell in the current market it can take 6-12m or more to find a buyer and do the conveyancing, so gives the sitting tenants time to regroup and try and find somewhere
  5. because if the landlord sells, and the tenants cannot find anywhere, they would fulfil the criteria of the local council for being made homeless and may become a priority on the waiting list, and
  6. again, because she isn’t selling.

You're making big assumptions with most of those pionts and they are considered as homeless in any case given they've been given notice, good notice in fact so thats exactly the same

People renting move on, its normal, you plan for it even if you dont necessarily want it.

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