One tenant moving out,one staying

Hi, I started renting my house to 2 coupes 8 years ago. Last year one of the couples moved out and the other couple got 2 single people in instead. I didn't know about any of this until they had already moved in.
Last week the other couple told me they are splitting up and he is moving out but she wants to stay, so from next month I will have only one person left of the original four people on the lease drawn up in 2011.

Should I get a new lease drawn up with the three people who will be in the house from next month?

Lux23

Yes, I would do that.

Thanks, The last lease was done by an estate agent but I have contacted a few local ones and none of them got back to me. Should I go to a solicitor instead?

antoinolachtnai

Ideally you would have legal advice of course, but you need to decide what this is worth to you.

Drawing up a new lease is not absolutely necessary really.

The tenants may not consider it to be in their interests to sign a new lease (and they may be correct).

It is a lot more important to make sure that you have accurate information about your tenants and that you are correctly registered with RTB.

What is wrong with the old lease that makes you feel it needs to be redrafted by an agent or solicitor?

I don't think there's anything wrong with the old lease.What I'm concerned about is that there are two people living in the house and I don't even know what their names are,never met them.

Why would it not be in their interest to sign a new lease?

BrokenArrows

So your options are to allow the original tenants to sublet. You then don't care who else lives there. The original tenants are responsible for the property and rent.

If they then move out then the tenancy ends and everyone has to move out.

Or, you get all existing tenants to sign a new lease, however I'm not sure where that stands with regards to the tenancy notice period as you have a mix of people who have lives there different lengths.

BrokenArrows

BrokenArrows wrote: »

So your options are to allow the original tenants to sublet. You then don't care who else lives there. The original tenants are responsible for the property and rent.

If they then move out then the tenancy ends and everyone has to move out.

Or, you get all existing tenants to sign a new lease, however I'm not sure where that stands with regards to the tenancy notice period as you have a mix of people who have lives there different lengths.

Ok great, thanks for clarifying that. There will be only one of the original tenants left which leaves things a bit messy. A new lease would be the most straightforward option.

The_Conductor

BrokenArrows wrote: »

So your options are to allow the original tenants to sublet. You then don't care who else lives there. The original tenants are responsible for the property and rent.

If they then move out then the tenancy ends and everyone has to move out.

Or, you get all existing tenants to sign a new lease, however I'm not sure where that stands with regards to the tenancy notice period as you have a mix of people who have lives there different lengths.

Only one of the original tenants is still present.
Permission to sublet was not and has not been sought.
The sole remaining tenant is jointly and severally liable for the whole of the rent. The OP will very shortly have a legal obligation to notify the RTB of who the residents are and update this annually with the RTB (its a money spinner for the RTB).

So- its not as black and white as is being suggested.

The easiest and tidiest way of sorting this- is to clear the decks and relet the property as a single unit to a new tenant/tenants- esp. as the OP doesn't even know who is in the property at the moment. The manner in which the original tenants sublet the property willy-nilly without permission- should be sufficient to void the lease of the one remaining tenant (nevermind who on earth the other 3 are).

Clear the decks and relet? Ideally to a single tenant/family unit of some sort- to try and negate the random subletting of the property?

antoinolachtnai

curvedxl wrote: »

I don't think there's anything wrong with the old lease.What I'm concerned about is that there are two people living in the house and I don't even know what their names are,never met them.

Then put it in writing that these new tenants have replaced the old tenants in the lease and that you are happy with this?

antoinolachtnai

curvedxl wrote: »

Why would it not be in their interest to sign a new lease?

Well, if it is a lease with a minimum term, there is little enough benefit for the tenant because they most likely have Part IV rights in any case.

A new lease does not necessarily create a new tenancy. It is most likely still a continuation of the existing tenancy.

The fact that you consider the lease to be void because of tenant behaviour does not necessarily mean it is, and even if it is, it does not mean the tenancy is ended. I don't think the original tenants taking in licensees is reason enough to end the tenancy.

The_Conductor

The_Conductor wrote: »

Only one of the original tenants is still present.
Permission to sublet was not and has not been sought.
The sole remaining tenant is jointly and severally liable for the whole of the rent. The OP will very shortly have a legal obligation to notify the RTB of who the residents are and update this annually with the RTB (its a money spinner for the RTB).

So- its not as black and white as is being suggested.

The easiest and tidiest way of sorting this- is to clear the decks and relet the property as a single unit to a new tenant/tenants- esp. as the OP doesn't even know who is in the property at the moment. The manner in which the original tenants sublet the property willy-nilly without permission- should be sufficient to void the lease of the one remaining tenant (nevermind who on earth the other 3 are).

Clear the decks and relet? Ideally to a single tenant/family unit of some sort- to try and negate the random subletting of the property?

Yes I would like to clear the decks but the remaining tenant is very keen on staying. She hasn't been any trouble either.
I have been trying to arrange a meeting with her but she has phoned to say she is in hospital and won't be back for 2 weeks so I can't do much for the meantime.

Claw Hammer

The_Conductor wrote: »

Clear the decks and relet? Ideally to a single tenant/family unit of some sort- to try and negate the random subletting of the property?

The o/p is stuck with the new tenants if he knowingly took rent from them. To clear the decks he would have to issue a termination notice and come under one of the allowable grounds. The way to stop random subletting is when a new tenant is discovered to give the existing tenants notice to remove the new tenant else the tenancy will be terminated.