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.

Plus op forgot to mention all these facts that paint the tenants in a worse light and op in a better light in her original post . ... Always smacks of an op in a corner who won't admit they were wrong

You haven't ended the tenancy yet though, you've served notice that you require possession of the property. You still have to obtain a possession order from the court, so the current tenants may have quite some time to get assistance with rehousing and its going to be while before your niece can move in anyway.

No, they would have more than likely found another private rental,they don"t need a council house, I am assuming they are working people without addictions or other issues, my objection is to people constantly jumping to the conclusion that if a landlord gives notice the tenant can"t find another rental and will immediately have to run to the emergency housing services, it is just fucking ridiculous to be honest and no one is falling for it.

Why are you being so rude about these tenants, with such aggressive and unpleasant language? The tenants have done NOTHING to deserve what the OP is doing to them. Why such anger and aggression towards someone else's tenants who you don't even know?

It baffles me when people comment and start adding stuff that’s not been said. So you’re telling me there’s no council houses available, at all? Everyone I know in a council house pays a reduced rent compare to the private sector.

Yes, this. ^

With respect I wouldn't blame them for not wanting another property - you've just sent them an eviction notice after 7 years to move a family member in and maybe they are concerned that they would be in the same position a couple of years down the line if someone else in your family wanted somewhere else. They probably want a fresh start and that's ok

I agree with all of this.

They are being offered a bigger better house nearer to the school their kids will soon start attending for the same money as the present (smaller) house, and according to some posters that was already under market rent! They would have to be complete nutters to turn this down and keep on being difficult?

As I said previously. There's 14000 people on the waiting list for council housing in my area. Some have been waiting 15 years. My council are building new homes but there's maybe been 400 new homes built in my town in the last 5 years. Nowhere near enough for the people who need them

It’s a really shitty thing to have done to longstanding, reliable tenants who you would likely have had stay for many years to come.

they have no idea if 2 years down the line - after the expense of moving - OP is going to dick them around again.

How was it under market tent? It's the niece that's being offered rent that's under the market value of the property

@SunnyDaysAndCoolNights

In which city is this happening, OP?

I’ll be honest, I have no idea about the current availability of council houses, although from what I’ve read here and elsewhere, there appears to be a shortage/unavailability or long waiting-lists which keep families in B&Bs. Do you have any accurate, up-to-date figures you can contribute?

What are you baffled about?

Yes social housing (HA and Council stock) exist

Yes its a reduced rate compared to the PRS

No there arent any(many) available. Councils have a duty to someone who is homeless, if they are assessed as homeless. But that doesnt mean housing them directly, they can source a private let, doesnt even have to strictly be affordable either, and if it seems to meet the need they will see that as job done. If the family refuse solutions offered, the department can discharge their duty and the family will need to make their own arrangements.

Waiting lists are years and years long. Temporary housing is offered which can range from a room in a shared house/hostel, children and parents sleeping in one room with their belongings piled up around them, or it might be a temporary property somewhere hwich they then need to leave at a set point. In my area, people are being placed aorund 50 miles away in the next county for temporary housing. They can be there for years despite the law which says they shouldnt be

Consider yourself no longer baffled.

They are nutters too apparently for not wanting the other house

Presuming that this is a serious question?

The ward I live in is about 35% muslim and there is a very strong block vote here. Although, having said that, this time around there is also a Green Party candidate standing that may split that vote.

Interestingly the LibDems do not have a candidate in this ward, although they do in all of the other wards.

There is also a Reform party candidate standing as well, so it will be interesting to see the result.

Within the wider city, the council has no overall control at the moment and a third of the seats are up for election. I have no idea what will happen but I could see both the Greens and Reform both taking seats here.

I’m very close to my niece so I’d do for her what I would my own children. Her parents are lovely but aren’t in a position to help. I don’t see the issue with me helping my nice. People seem to have taken a real issue with that yet think I should be helping people I’m not related to more.

They aren't being difficult. As I am sure OP is aware, as a landlord, if they want to gain possession of their property, then there is a legal process to follow. The tenants can decide to surrender the tenancy, but they certainly don't have to.
That's not being difficult, its the tenant's right.

No i don't think you are wrong, yes unfortunately the family have to move out and that's sad for them. But you don't owe them anything.
I think its nothing whats so ever to do with your extended family, they are jealous!

Hugely inconvenient to move to a bigger house for the same (below market we think) rent as they are paying now, near to the school where their kids will soon go? Oh Diddums for the poor tenant! Should the landlord bloody well carry their stuff up to the new house for them and make their dinner at the same time?

I think the issue is partly that you served them with an eviction notice just before they would have accumulated more rights as tenants and you've presumably taken the market value from these tenants while offering this out to your niece at a reduced tenancy

Someone mentioned this earlier on but you would also need to check if the dwp would pay her rent when she graduates and doesn't have a job on graduation - the dwp could see this as a contrived tenancy as you are offering it to your niece for less than the market value

Where are the 15 year waiters living just now?

I am fine with them not wanting the other house and them wanting a fresh start if that is what they want. At this point, our solicitor is hopeful they’ll will be out by September and my niece can move in but time will tell.