In April, I acquired a property that was subject to a tenancy agreement with a Management Company, which will expire on 19th Oct. The agreement will roll on, unless I give them notice (any day after expiry). I do not wish to carry on letting this property to this company, I want to manage it myself, or occupy it, so I intend to give them notice this week, so that they cease to have any dealings with the property from 20th Oct onward.
The matter is complicated by the fact that the property is currently occupied by the MC's tenant, whose shorthold contract expired in April, but who has remained on the premises. The MC has tried to evict her, and failed. They are trying again. I don't trust that they will succeed, for a number of reasons. One of them being that the landlord license relating to this property was issued a week after the MC started the eviction procedure, so I think there is a strong chance that the eviction will be rejected by the court again.
I want to get out of my agreement with the MC. I have contacted the tenant living at the property, to discuss her signing a new tenancy agreement with me, on 20th October.
Am I in a position to:
- give and put into effect a notice to the MC? (even if they still have a tenant in the property)?
Yes - unless it is in your agreement with the MC that you can NOT terminate with a tenant, then you can (if you see what I mean). The agreement permits you to terminate with a tenant there unless prohibited.
- issue a shorthold contract to the tenant currently in the property?
Yes you can do this. If they are on a periodic tenancy you can issue a new one with you
Even if this tenant is currently subject to being evicted by the MC?
Yes you can do that. The old agreement is terminated and you can get a new one
If none of the above, what may my options be?
Bear in mind you can evict the tenant if you want. You can issue a S.21 notice and get them to leave if its an Assured Shorthold Tenancy. The tenant then has NO right to remain after 2 months and if they are still there you can seek a Court eviction
Can I clarify anything for you about this today please?