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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 2447
Experience:  Over 5 years in practice.
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I have recently taken contro of an hmo. The previous owner

Customer Question

hi i have recently taken contro of an hmo. The previous owner had tenants on a lodging agreement as this was her own home. The tenants all wanted to remain at the property and were keen to sign a new tenancy agreement. have given them all a six month AST agreement but one person now doesnt want it. They want an agreement that does not tie them in for six months. What am my legal rights regarding this tenant who would like a weekly arrangement only. What rights do they have currently now their previous lodging agreement is no longer valid as i do not live at the property.
Submitted: 11 months ago.
Category: Property Law
Customer: replied 11 months ago.
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Expert:  propertylawyer replied 11 months ago.

You can grant a term of less than 6 months but do be aware of the tenant's rights of security of tenure. Any order for possession will not take effect earlier than 6 months after the beginning of the AST. Therefore you can grant a periodic weekly tenancy. It will qualify as an AST but you cannot obtain possession until six months have passed from the commencement of the original tenancy.

Do you live at the property?

Customer: replied 11 months ago.
no the tenant had an existing weekly tenancy agreement but as a lodger with previous owner which commenced on 24/4/2016 and in the agreement it states one weeks notice either side. He would like to have a similar agreeement with myself. Is there a legal agreement that we can do this so one weeks notice either side? one solicitor said i could just carry on his existing agreement but i dont that would work as i am not in the property myself so they are not a lodger.
Customer: replied 11 months ago.
Can i insist they leave as they have no contract with me at all and if so how do i do this legally? They still put the rent payments forward but wont sign a new contract with myself,
Expert:  propertylawyer replied 11 months ago.

I agree, the existing arrangement will not work as the person is no longer a lodger.

You could seek to terminate the lodger's agreement. However, it is now a grey area as to what rights the tenant has now that the landlord has moved out. Check the terms of the lodgers agreement and seek to terminate.

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