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Am I wrong in doing what I did?


JohnHuson

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Six students have a tenancy until end of July in my HMOproperty. Rental to the end of this tenancy period was paid some months ago. Theyall packed up early (final year) and cleared their rooms during May and last togo was on 23rd June. Prior to leaving the six students agreed that if I couldrent out their rooms again during the few weeks prior to the end of July thatwould be good and we would share whatever income was generated. I would paythem at the end of July if their room was let. They all agreed and gave me a schedulewhen the six rooms would be free.

The reason for this arrangement was someof the incoming years students in September (AST starts then for them) as theywere working over the summer break and were desperate for accommodation. Two of new students arrived 21st June and moved in to two rooms.

The parents of one tenant were happy about it. The other parents called me andsaid I could not do that. I said it was not a problem as there were other roomsthey could move in to with other consenting tenants who would benefit instead.Since then they have threatened me that unless I cough up the rental in full (6weeks) they will sue me as I let another person stay in the empty room. Priorto be warned of this I had sent them a cheque for the value of the 4 days roomrent to placate them. They returned it with their demands.

Between the firstcall from this tenants parents who decided they would go away and check their rights,and the second call, I moved the student out and locked the door as it remainsso until the end of the tenancy. Another incoming student has arrived and the parents ofthat girls room are happy with the arrangement to get some expense back. I have since spoke to the other five parentsor tenants and they are all keen to confirm the original arrangement.

Do these people have a sound case do you think? Consideringthe actual tenant had already agreed?

The new incomers do not have a tenancy agreement with me for until their offical tenancy starts in September.

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The new tenants do have a tenancy it just happens to be verbal.

So just to clarify you have 6 rooms all let individually on separate contracts.

You do not have a contract with the parents, your contract is with the students. You should have got the arrangement in writing is that still possible?

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Yes there are six rooms that had 6 students in. The tenancy is for the 'rooms' and not dedicated to any particular room. I did say that should any student return to the house they were welcome and enough rooms or original room was available. They said she would not be returning.

All on seperate contracts.

I could get confirmation from the willing parents to let the rooms if I had others who wished to come in the house but only three have arrived out of the group. The difficult parents of course would not sign up to it now.

I do have a list provided to me by the head tenant which shows when each room was to become vacant so I could rent it including the room in question which indicates that all the students were willing to join the process.

Thanks for your help..... I used to be a member of the RLA i wish I had kept up the subscription!

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