Part 4 Tenany - Houseshare

15YemenRoad

Hi,

Does anyone know how Part 4 tenancies work in relation to houseshares?

Some friends of mine were renting a house from 2013 - 2014. They renewed the lease in 2014 and I replaced one of the original tenants and have lived there since. I have renewed the lease annually since then with several different tenants - the landlord has been happy with me finding new housemates each time and leases have been issued each year with the names of the current tenants. None of the original housemates are still there.

I have been there three years, but would I be right in presuming that the first Part 4 tenancy will expire in 2017? I.e it started when the first "set" of housemates moved in and expires 4 years later? The lease states that tenants are jointly and severally liable.

The landlord has been excellent and very accommodating of changes, just wondering how this situation works in relation to Part 4.

Thanks

Michael D Not Higgins

What you have is multiple tenants on the same tenancy. Replacing a tenant means the new tenant only acquires part 4 rights after 6 months occupation as a tenant. This is assuming they're not a licensee of the head tenant when they first move in, in which case they get the right to ask the landlord to be made a tenant after 6 months and their time as a licensee is also counted as time towards the 6 months to gain part 4 rights.

New multiple tenants on the same part 4 tenancy gain the same rights as the old tenants. This means if you had someone move in 6 months ago and they just gained part 4 rights, they are entitled to the same notice period as everyone else owing to the tenancy from being in existence since 2013. This means your tenancy will become a further part 4 tenancy this year on the anniversary of the first tenants moving in.

15YemenRoad

Michael D Not Higgins wrote: »

What you have is multiple tenants on the same tenancy. Replacing a tenant means the new tenant only acquires part 4 rights after 6 months occupation as a tenant. This is assuming they're not a licensee of the head tenant when they first move in, in which case they get the right to ask the landlord to be made a tenant after 6 months and their time as a licensee is also counted as time towards the 6 months to gain part 4 rights.

New multiple tenants on the same part 4 tenancy gain the same rights as the old tenants. This means if you had someone move in 6 months ago and they just gained part 4 rights, they are entitled to the same notice period as everyone else owing to the tenancy from being in existence since 2013. This means your tenancy will become a further part 4 tenancy this year on the anniversary of the first tenants moving in.

Even though none of the original tenants are still there and the longest staying tenant (myself) has just been there since 2014? I didn't know if the first year would count as part of the tenancy as all names on the lease were different from subsequent years.

Thanks for the explanation

Michael D Not Higgins

15YemenRoad wrote: »

Even though none of the original tenants are still there and the longest staying tenant (myself) has just been there since 2014? I didn't know if the first year would count as part of the tenancy as all names on the lease were different from subsequent years.

Thanks for the explanation

The tenancy is somewhat separate to the individuals who originally signed the lease. There was always an overlap with a previous tenant and the tenancy itself was never terminated so it has continued. The relevant section from the legislation is below.

52.—For the avoidance of doubt, neither—

(a) the vacating of possession of the dwelling concerned by the multiple tenant whose continuous occupation gave rise to the Part 4 tenancy's existence in respect of that dwelling, nor

(b) the death of that tenant,

of itself, deprives the other multiple tenant or tenants of the benefit of that tenancy's protection.