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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
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Experience:  Solicitor
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I am buying a house with 2 HMO tenants. The resident

Resolved Question:

I am buying a house with 2 HMO tenants. The resident landlord (seller) has died and it is a probate sale. I want executor to serve notice on the HMO tenants to quit because the rent paid is too low. I am happy to grant ASTs at a higher rent but otherwise they must leave. When I buy and am the landlord I will not be resident. Will tenants then become AST tenants? and if worst came to worst if I applied for possession what type of tenancy would they have - when do they get AST status?
Submitted: 12 days ago.
Category: Property Law
Expert:  Jamie-Law replied 12 days ago.

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

When does their fixed tenancy period expire?

Has notice been given yet?

Customer: replied 12 days ago.
These are HMO Licence agreements. Not tenancies. I assume you know the difference? The landlord is a resident landlord but she died in May 2016. I read that the licensees but let’s just call them tenants as it’s easier do not get any security for 2 years to allow the probate to be sorted. The licences has no end date just can be ended by 1 months notice. What I am asking is when the sale completes and I am the owner what is the legal status of the licensees as I won’t be a resident landlord?No notice served yet as we have not exchanged and the executors refuses to serve notice.Are you a landlord and tenant lawyer?Best wishes
Expert:  Jamie-Law replied 11 days ago.

what does the licence say about termination?

Customer: replied 11 days ago.
It can be ended for various breaches but also by either side on 1 months notice.
Expert:  Jamie-Law replied 11 days ago.

Sure. Thanks. If its a licence then you can just give 1 months notice

They are not AST's. They have a licence and will always remain a licence holder. They wont change to an AST.

So to get possession just serve notice and if they refuse to move, then issue proceedings for possession.

Can I clarify anything for you about this today please?

If not, I would appreciate a 5 star rating for my answer. Thanks!

Customer: replied 11 days ago.
Thanks that is great. Can you tell me under what section of what act I would need to issue possession proceedings under if it came to that which obviously I hope it doesn't.
Expert:  Jamie-Law replied 11 days ago.

No law, because its a matter of contract and licence.

But you need an order for possession to prevent any breach under the Protection From Eviction Act 1977

Does that clarify?

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