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View Full Version : HMO tenant wont sign contract



spicy_
27-02-2010, 21:02 PM
Hi, hope someone can help me.

I have a newly acquired HMO. Tenant has been living in one of the rooms for over 20 yrs, is a assured tenant (even though he's signed several ASTs during his time there). The last AST was signed in 2008. I acquired the HMO recently, gave every tenant new contracts. Everyone has signed them except for the assured tenant. Assured tenant isn't happy that I issued a rental increase (used the right notice etc). He has accepted the new rental rate but isn't happy about signing a new contract, he's told me he's being difficult as he's not happy that i've increased his rent.
I know that his last AST is still 'rolling'. Only difference between last contract and new one is that the new one states that his weekly rent is inclusive of all bills. The 'rolling' contract states that he has to pay extra for bills (although his last lanndlord didn't charge him any extra). Being a new landlord would I be able to tell him that if he sticks to his rolling contract than I'm within my right to charge him extra to cover his proportion of council tax, utility bills etc? Would he have anyy grounds to argue that the last landlord didn't do that even though on paper the rolling contract states that the landlord can?

Any advice would be very gratefully received

spicy_
27-02-2010, 21:06 PM
Also I do know that unfortunately the tenant is still assured even though they signed ASTs.... i'm guessing if I ever took him to court for eviction he could claim that he didn't realise he was giving up assured tenancy rights by signing ASTs... my lawyer has said that courts tend to side with the tenants in these situations :o

Preston
27-02-2010, 21:51 PM
I am wondering whether I have missed your point, because if I were your tenant I don't think I would sign your proposed new contract either. What is in it for him? He certainly doesn't have to sign if he doesn't want to.

By the way, you mention that you have served a proper notice if increase, but that may not be the case if the old rent was exclusive of services and your notice assumes that it is inclusive.