Giving tenant notice to quit for my son to move in.

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  • #16
    I agree with jpkeates once again.

    Not only will be unlikely they can claim help with rent in a property owned by you, but it is my hunch that your sons partner is not declaring him on her claim.

    It would be unusual for a couple with one child to qualify whilst one works full time and the other part time.

    Are you sure you want to lose a good tenant in order to house your son and his extended family?. What happens if they can't afford it?. What happens if they fall out?

    I'm sorry but I would be helping your son look for something else. Whilst we all want to support our kids there comes a time when business needs must come first.

    If your tenant genuinely has nowhere to go and becomes reliant on the council they will make her stay and force eviction by bailiff. Already your notice isn't valid and you could be looking at many many months before she can leave.

    Worth it If she was a bad tenant but you can't ask someone to leave before they are legally required to do so. I'd also offer her a cash incentive on the day she leaves rather than offer reduced rent. She isn't likely to save it up and you will be back to square one

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    • #17
      I'm assuming the other post is yours regarding section 21.

      If so then this confirms the position you should not go ahead.

      Tell your son unfortunately you have no way of gaining possession in time for his needs and he will have to look elsewhere.

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      • #18
        Can I ask if the property is subject to a mortgage? If yes before you enter into any such arrangement you are encouraged to ask your lender as to what their policy is for such Let's, many will state that permission will not be given as this would breach their terms & conditions as outlined in the terms when the mortgage was granted.

        On a separate note , renting is a business and agreeing to Let to a member of the family is fraught with difficulties and if matters went south you might end up regretting your largesse to a member of the immediate family.

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        • #19
          Two related threads have been merged.
          I also post as Mars_Mug when not moderating

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          • #20
            why is your son and partner 'struggling' to find somewhere 'suitable'? if they were 'model' tenants then they should be able to find somewhere, though I suspect you turning a blind eye to any benefit fraud that might be under consideration might be a factor!! I agree with your partner, and putting it bluntly, it sounds like a stupid idea ! support them in some other way, help to fund a deposit, could their current property be improved - I know its rented but some landlords might be willing to allow certain works to be completed to make it more suitable for their changing needs.

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            • #21
              1. I agree with earlier posts that letting to friends and family is not a good idea for good long-term relationships.
                If you are willing and able to subsidise your son's housing expenses (for that is what it could come to if you let to him), then act as guarantor on another property.
              2. Whilst your "notice to quit" may have the desired effect of getting your tenant to vacate, it is not legally enforceable.
                A S21 notice says "I would like you to leave, and if you do not,then I can take legal action against you to make you leave".
                Your notice to quit says "I would like you to leave, but if you do not, then there is nothing I can do legally to make you leave".
              3. You indicated in your initial post that a deposit was required but that none was forthcoming, but in your post #10 you state that no deposit was required by the agreement.
                I do not know the position here, but it might be that there are complications if the tenancy agreement says a deposit is required but no deposit was actually paid.

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