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.

Quite. Perfect timing isn’t it…….

I also find it odd that you’re all about helping family and have a second home that you’re not fussed about getting rental income from yet your other brother and his family are in rented and you’ve mentioned nothing about helping him out in any way.

Also, it could take up to a year to evict the tenants depending on where you live. Niece will have to find somewhere else anyway if your flat isn't available by the time she starts 2nd year.
I'm a landlord myself, and I'd never evict a good existing tenant in favour of housing my adult daughter.
On a wider note, they do say never rent to family or friends as it can cause so many problems - and it often does!
Have you checked with your mortgage company that they are in agreement to a family member moving in, and at a reduced rent?

That’s a shit thing to do to long term tenants with a family and I would say also unwise to turn it into a student house- your niece would find somewhere else and her need is short term. YABU

7 years is a good run for any tenant??

How about - for a moment - thinking of them as people rather than just tenants? This is their family home where they’ve raised their family for 7 years. It’s their kids’ childhood home. You do know what that means emotionally, don’t you?

Renters obviously understand that they can be evicted at any point, but if a landlord doesn’t NEED to evict a whole family, but chooses to, then it’s a shitty move.

As for the OP’s comments about putting ‘family first’ - setting an example to younger family members of how to be a morally and ethically compassionate person might actually help them more longer term…

Same. Neither would I. I don’t get why you would S21 a tenant unless they’re non / late payers or trash the house. It’s terrible. Those poor kids!

No, if they are selling the property, providing the tenant has been there for 12 months, it's a mandatory ground.

I fear this may come back to bite you on the bum, have you seen how students can treat houses? I have seen a few student houses over recent years and frankly I would rather rent my house to a pack of wolves! I can't help but think this will also be no fun for your niece, she will be very cat on a hot tin roof with her flatmates if they don't treat the house well

It is rather shortsighted too, the niece will only be there 2 years then you will have to completely redecorate/get new carpets etc before you can get other tenants unless you stick with random students.

As they are still there, is it too late to change your mind? That would be both the decent and practical thing to do IMO.

On one hand you have lost reliable tenants, but if you were already of the mind to quit before the new legislation comes into effect, it was indeed the time to do it.

Your brother and his wife that have objected - have you ever got the impression that they wanted the house? And/or was there any existing tension in that relationship?

There will always be people that think you arseholes by virtue of the fact that you’re a landlord, so there’s little point in letting it bother you. You don’t need your brother’s approval any more than he needs yours.

Yes, this. Why didn’t you help your niece find a nice new one bed flat to rent? Much better for her too.You could have even subsidised her flat rent from your rented house if money isn’t a concern. Love to hear why this wasn’t workable….

Then you would have honoured ‘family first’ AND looked out for your lovely tenants. And their poor children. Some landlords are just horrific. ☹️

It’s in a different city to where they live.

I don't think you're unreasonable here. I think helping family out like this when you can is the right thing to do. It gives your niece a safe, secure place to stay while she does her degree, and when she choses to move on again, you can rent it back out to regular tenants.

My family did a similar thing for me - and it meant that I didn't have to worry about housing as a student, I saved a lot of money through their kindness, and the property is now rented out to normal tenants.

It will serve you right if your niece leaves after the two years at uni are up, and is replaced with not very good tenants.

A rental property is an investment surely, not a charity. The OP has given notice to the tenants. I don’t know why she’s being vilified.

There’s nearly no advantage to being a landlord nowadays.

Rather than evict the renting family, if niece was going to pay you X less rent than them, why not instead top up niece’s housing budget by that amount? With a higher budget she will almost certainly be able to find something suitable that she likes, You keep a good tenant, and the tenant keeps their home. Plus, if niece isn’t a good tenant it won’t cause a family rift.

Yes, that's what possession means. They can either live there themselves, or sell it.

Ok, now I think this is just rage bait

I agree.

It's not too late to change your mind, op, tell the tenants they can stay and your niece can find a room somewhere else.

OP has said her poor niece will be living alone - but of course she might get a boyfriend or girlfriend and move them on. They might not be of such a delicate persuasion.

Your niece has behaved in a highly self-centred, unpleasant manner, and instead of teaching her the valuable life lesson that decent people do not behave like this, you have reinforced it by teaching her that the person who whines loudest about their needs and behaves in the most entitled manner will be the eventual winner in life. You've done her no favours by this decision, and you've done an immense amount of harm to that poor family. You should be utterly ashamed of yourselves.

Dick move. And it will back fire.

Dick move. We didn't even let our own DC live in a flat we owned (and used for ourselves). They actually wanted to live in student flats/houses with friends and have a proper student life rather than be policed by us.

I think your actually being taken advantage of. I can't quite believe that your DN can't find anything. Is she really in need? Where as you might now have left a really good family in need.

I would not have kicked the tenants out. You better hope and pray your niece pays the rent and doesn't have too many student parties in the house.

You've no guarantee that your niece will even finish uni.

I wouldn't kick out a family for one person. Total waste of space and pretty bloody mean.

I have rented as a family with pets before and it is a nightmare to find another let once your children are settled and you want to keep them in the same school.