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Jamie-Law
Jamie-Law, Solicitor
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Experience:  Solicitor
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In April, I acquired a property that was subject to a

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Good morning,
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)?
- issue a shorthold contract to the tenant currently in the property? Even if this tenant is currently subject to being evicted by the MC?
If none of the above, what may my options be?
Many thanks
Sylvie
Submitted: 5 months ago.
Category: Law
Expert:  Jamie-Law replied 5 months ago.

Hello Sylvie my name is ***** ***** I will help you with this.

What is it you want to achieve please?

Customer: replied 5 months ago.
Hi Jamie
I need to know if, according to the situation I described above, I am in a position to:- give and put into effect a notice to the MC? (even if they still have a tenant in the property)?- issue a shorthold contract to the tenant currently in the property? Even if this tenant is currently subject to being evicted by the MC?
Expert:  Jamie-Law replied 5 months ago.

Just to be clear though, there is no contract with you and the MC?

Customer: replied 5 months ago.
there is. It is a lease/tenancy agreement between the previous owner and the MC. I inherited it when I bought the flat. The agreement is binding me to this contract, as the new landlord. Also I had to sign a 'lease instruction form' shortly after I bought the flat with the MC (specifying my bank details etc.)so that I could receive my portion of the rent charged by the MC to the tenant living in the property. So there is indeed a contract.
Expert:  Jamie-Law replied 5 months ago.

Good morning,
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?

Customer: replied 5 months ago.
Thank you very much for your answers.To make sure, would you be able to cast an eye on the 'ending the lease' section of my agreement of with the MC, to confirm that there is no prohibition of terminating the agreeement with a tenant in place, below?Ending the LeaseNOTICE PERIOD
21 . On the expiry of 36 months written notice given by the Landlord to the Tenant to expire on
any day. such notice not to be given prior to the expiry of 36 months from the Commencement Date.22. If the property is vacant or becomes vacant at anytime during the lease period the Tenant may
hand back the property immediately and the lease shall be deemed to have come to an end.23. If the rent due shall be 28 days in arrears at anytime the landlord may re-enter the premises and
the lease will end forthwith.24. On the expiry of 4 weeks notice given by the Tenant to the Landlord to expire on any day.25. If the property shall be destroyed or badly damaged or so far in need of repair as to become
uninhabitable the lease shall be deemed to have come to an end.26. This lease will automatically renew at the end of the term on a rolling basis up until expiry of
any notice served under the lease.
Expert:  Jamie-Law replied 5 months ago.

That is fine - so its ok

Does that clarify?

Customer: replied 5 months ago.
I'm very grateful. One last question:I'm worried that point 21 of the agreement says that I can't give notice before the expiry of the agreement (19th Oct).Is there something I can write as part of my notice that will allow me to send it this week, but make it take effect on 20th Oct?Or can I only send this notice on 19th October?
Expert:  Jamie-Law replied 5 months ago.

Well you can give notice, technically it wont take effect until it ends, but you can give notice now

Does that clarify?

Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 2570
Experience: Solicitor
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Customer: replied 5 months ago.
it does. That's great. many thanks for your help.

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