changing AST into an excluded occupier agreement

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    changing AST into an excluded occupier agreement

    I own an HMO and one of the tenants have decided to move out. Due to coronavirus and no longer needing to be in London for the remainder of my post graduate degree I have decided that I want to move back and take possession of that room (save on London rents and also use my own money to pay my mortgage). I was going to move back into the property at the end of June anyway (once their fixed term ends, as I just have to write my dissertation).

    I have notified the other tenants that I will be moving back to the property. I have asked if any of them want to move out. They’ve said no for now. I’m going to ask them to surrender their AST early (as a deed) and sign new excluded occupier agreements. Obviously only if they agree to this.

    I was wondering if once they’ve signed their excluded occupier/lodger agreements and we don’t get on, what are my rights on evicting them? Obviously I’ll wait until coronavirus situation settles, I’m not that heartless!

    Basically I just want to know, am I bound by the previous AST rules?As they were tenants before I moved back? Or does it not matter and I can just give them reasonable notice as they would have surrendered their AST and signed an excluded occupier agreement?

    This is just uncharted territory for me, as I’ve always had licences when I was a resident landlord or fixed term ASTs when I’m not. I’ve never had any troubles with tenants before, and hoping I don’t have any now

    Someone who is tenant who then has landlord move in remains a tenant. Tenant does not have to agree to any change to tenancy nor nt sign or accept any new agreement.

    What you want to do is legally impossible IMHO
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...


      It is a general principle that if a tenancy which has the benefit of statutory protection is purportedly replaced by an arrangement (whether tenancy or licence) which removes the protection, the protection will not be lost and the previous arrangement restored - or more precisely found never to have come to an end. It is irrelevant whether the tenant agreed the new arrangement willingly and/or had the purported effect of the change explained. Statute makes it difficult, bordering impossible, for tenants to give up their statutory rights except to the extent that statute expressly allows it. There may be exceptions, but it is wise to proceed on the basis that if there are they do not apply to you.


        Schedule 1 of the 1988 Housing Act is the legislation that excludes landlord-occupied premises from being an AST except
        (3)A tenancy . . . is excluded from sub-paragraph (1) above if—

        (a)it is granted to a person . . . who, immediately before it was granted, was a tenant under an . . . (AST) . . of the same dwelling-house . . . and

        (b)the landlord under the new tenancy and under the former tenancy is the same person . . .


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