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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70531
Experience:  Over 5 years in practice
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Hi , I realized that the rent contract I signed with my tenant

Customer Question

Hi , I realized that the rent contract I signed with my tenant is a fixed term contract for 18 months where legally under a buy to let mortgage I can not sign an agreement longer than 12 months. The contract starts on the 15th of December, can I do something about it now?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
You cannot vary a contract with your tenant if you have signed it. He is able to rely on it.
But if you declare this to your mortgage company it is very unlikely they would take any action against you and then you are protected.
All it would mean realistically is that if you did default on the mortgage, the mortgage company may have an argument to evict the tenant earlier.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Hi Jo,

Thank you for the response .

What are the circumstances that you can ask the tenant to move out for a fixed term contract?

Expert:  Jo C. replied 2 years ago.
You have to show a S8 breach if you want to break the contract early unless, of course, they agree.
S8 breaches involve things like non payment of rent of more than two months, using the property for a criminal end etc.
There are a large number of S8 breaches but you have to do something pretty serious before a possession order is made.
Customer: replied 2 years ago.

Hi Jo,

I am currently abroad but we will have to be back in the UK earlier than expected and I want to use that home as my primary residence - would that also be grounds?

Expert:  Jo C. replied 2 years ago.
If it has been your primary residence at some point then you can seek possession on that basis under S1.
If it was always a buy to let mortgage on an investment rental property then you cannot.
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Jo,

thank you - yes it has been so I think I should be ok.

Finally, I now also realize that the contract has been sent to me unsigned and they have asked me if they can sign it on my behalf and i said yes but never received the full signed version. So technically is that contract in place ( start date dec15) .I have written to the agent and told her that i never received the signed version and that i need to alter the terms.

Expert:  Jo C. replied 2 years ago.
It is in place realistically. You agreed to it so they could rely on it unsigned.