Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Advice please

5 replies

crew2022 · 09/02/2023 19:00

Is really value some advice here.
We have a small buy to let property. There's a family living there now under a joint tenancy agreement due to end soon. However they are getting divorced and currently separated.
One partner wants to remain in the flat under a single tenancy but is not working so would rely on CM and benefits. Our rent protection insurance will no longer apply as they won't cover tenants on benefits.
Our letting agent says the tenant will struggle to find alternative accommodation now as a lone parent who is unemployed and will not be housed unless we evict them .
I feel awful to do this but we need to sell the flat in the next 12-18 months as we can barely afford the mortgage along with our own increased home bills.
Would this be a no fault eviction if we just refuse to issue a new tenancy in the single name ? Or will it be something else? And what happens if they don't move out when the agreement expires and we don't issue a new one?

OP posts:
crew2022 · 10/02/2023 08:12

Anyone?

OP posts:
Polarbearyfairy · 10/02/2023 08:20

The tenancy continues after the fixed term and turns into a periodic/month by month tenancy with both parties liable for rent still unless either you or they give notice on it. So they don't have to leave just because the fixed term is up, and I think would be advised by the council not to until actually evicted. Leaving voluntarily is not an eviction of any sort.

Have you issued a S21 notice already? If you want them out that's the process you have to follow and if (when) they don't leave you have to pursue the eviction through the court.

You don't have to agree to issue a new tenancy agreement at all. If you can't afford the property longer term and intend to sell its probably better for you to start that process now and let them know your intentions - it can take a long while to remove a tenant through the courts.

RedCarsGoFaster · 10/02/2023 08:25

Have you looked for an alternative insurance provider? Someone moving onto benefits isn't a good enough justification to evict them, surely, especially if they have a good history with you.

endofthelinefinally · 10/02/2023 08:31

Why not arrange for the rent to be paid directly to you from the housing benefit? If the tenant is happy it can work very well. My friend lets out her late mum's bungalow to a lady who has disabilities and this is the arrangement they have had for years.

crew2022 · 10/02/2023 08:38

Thanks all.
I would like to keep the tenant for another year to give them time to find somewhere else but am worried about rent protection as our mortgage interest has literally quadrupled.
I will look around for rent protection cover elsewhere
If we don't agree to change a tenancy to a single name then what happens?

OP posts:
New posts on this thread. Refresh page