Tenants Leaving, Licensee wants to remain

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Nutso

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Hi All,

Hoping that someone will be able to give me some advice on this before I go back to the tenants.

I have a property rented to a couple with a child. They have a licensee who is not on the lease agreement. I have never had any dealings with the licensee, rent is paid directly by the couple and the licensee is not listed on the PRTB. I am not sure exactly how long the licensee is there but it could be about 3 years.

The couple now need to leave for personal reasons and because of their situation I am willing to give them a shorter notice period (they are there over 5 years so should be giving 140 days). The problem I have is that the licensee wants to remain and move in a few more people. I am not sure how comfortable I am with that.

My preference would be to start fresh, re-rent the place in it's entirety and have full control over the tenants that will be living in my property. Where do I stand with the licensee?

Thanks, Nutso
 
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Nutso said:
My preference would be to start fresh, re-rent the place in it's entirety and have full control over the tenants that will be living in my property.
Click to expand...

I think this is essential.


As to the licensee, I am not clear what this means here.

In general my understanding of a "licensee" is a person the owner allows live in a property, who is not a tenant. Typical examples would be a lodger, who lives in a property, perhaps with the owner but does not have a tenancy.

It seems from your post that this person was brought into the property by the tenant as the tenants "licensee". There is nothing unusual about this, a tenant can have a guest, or if it is not forbidden by the lease, a lodger, or a relative, to live with them in the property they have a tenancy on.

When the tenancy ends the tenants license ends as well.

I don't see any reason why you cannot just say, that when the tenancy ends you need the property returned to you vacant. The tenants must remove all their belongings, old socks and hangers-on.

Please note that I am not a solicitor and you may need lego advice, but I hope I have given you a different way of thinking about the situation.
 
Thanks cremeegg, that helps! I was assuming that was the case but it seems that tenant's rights have been rising to dizzying heights without corresponding rights for landlords, so it is a concern for me.
 
You could give the current licensee the option to become the tenant, but that would require them to take on the full lease. If you're going to allow your tenants to sub-let, you might want to add a clause to the lease that you reserve the right to vet all additional licensees/sub-tenants.
 
I agree completely with cremeegg.

However, don't forget that the you and the licensee currently have no contract. Therefore, for example, if the tenants just "disappeared" leaving the licensee in situ, you cannot look to the licensee for the rent - as I said, you have no contract with the licensee.

Seagull said:
You could give the current licensee the option to become the tenant, but that would require them to take on the full lease. If you're going to allow your tenants to sub-let, you might want to add a clause to the lease that you reserve the right to vet all additional licensees/sub-tenants.
Click to expand...
I would have a clause in the lease agreement that no licensees without the express consent in writing by the landlord.

A licensee may, after residing in a property for 6 months, request that s/he be added to the lease. However, the landlord of the property has never vetted the licensee (though I don't see why he may not do that now) and must now accept the licensee as a tenant.
 
I've spoken to the tenants and advised them that our preference is to have the property returned to us. It has since been mentioned that the licensee only planned to stay a few extra months, so it really doesn't make sense for us to have them take new tenants in, whom we could possibly be left with in a few months. They seem to understand our take on things and they are reasonable people so I hope we won't have any issues.

If we do end up re-renting, I will definitely add a clause to the lease re: licensees.

Thanks for the advice!
 
Most leases have a clause similar to the following (which is a copy of the RTA 2004 Section 16, (k)
not assign or sub-let the tenancy without the written consent of the landlord
(which consent the landlord may, in his or her discretion, withhold),

You could just insert
not to assign, sub-let or have licensees without the written consent ......

However, it must be remembered that if a landlord refuses an assignment or a sub-letting the tenant may serve a Notice of Termination with a 28 day notice period. Not so with a licensee.
 
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