Possession of a Non-Housing tenancy property let to a Company

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    Possession of a Non-Housing tenancy property let to a Company

    I have let a house to a UK Estate Agency which is a property management company on a Non-Housing Tenancy document. This estate agency has a contract with a European contractor to build buildings in London. The start date was 2 January 2017. I would like to end the contract in July 2017 when the 6 month break clause kicks in as the rent is consistently late and now there are more than 5 people who are living in the property. The contract stipulates that company is required to give a 2 months notice to end the tenancy. The contract also states that the landlord will be entitled to seek possession of the property 6 months from commencement date of the tenancy even if the fixed period of the tenancy is more than 6 months. The landlord can invoke this break clause by serving a notice to quit on the tenant bringing the tenancy to an end before the fixed period. There is no clause in the contract about the number of people who can stay in the house but I thought the Estate Agent would be aware of the HMO rules.

    I want to end the contract. Do I use a Notice to Quit, a S21 notice or is there a special form to end Company lets?

    Thanks in advance for your help.

    #2
    What is a "Non-Housing Tenancy document"?? (& where did you get it from).

    I assume you are the owner/landlord & the estate-agent/property-management-company is the tenant: (Is it a Limited company registered with companies house?). If not please let us know. What, if anything, does it say about what they may use the property for, please? Who signed for them, and in what capacity (eg "Director").

    And presumably the estate-agent/property-management-company is the landlord of the occupants:

    From what you have told us you issue an NTQ in line with the clauses in the agreement (I'd send two, one for break clause, one for rent). I doubt they'll go easily. I'd also start MCoL for unpaid rent TODAY!

    How many people are residing in how many rooms, please? If you believe the property exceeds HMO rules suggest you inform council HMO people & that you are not the landlord of the occupants.. (before they get the wrong idea..)
    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...

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      #3
      Thanks very much for your reply.

      The Non-Housing Tenancy Agreement was drawn up by the estate agent who let the property. As we paid on the finding tenant fee, we have to do our own eviction. This document has "Landlords Association" of England and Wales recommendation and approval.
      Yes I am the owner/landlord and the estate agency is the tenant. The company is a limited company registered with Companies House. The company director signed the agreement. The agreement says the property is to be used for residential use only.

      Yes the estate agent/property-management company is the landlord of the occupants.
      There are 5 single people in 4 rooms. I will inform the council as advised.

      I hope this is more clearer. If not, please ask me for any other details.

      Thanks,

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        #4
        I'd suggest you get help from a solicitor expert in landlord/tenant matters, in particular tenancies that are not ASTs and have been drawn up by the tenant.
        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...

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