Tenant threatening arson on our signed Sept tenancy – agent says nothing can be done

[tile22]

Removing one joint tenant from a signed tenancy that hasn't started yet (England, post Renters' Rights Act) – is there really "nothing that can be done"?

Looking for a sanity check on what our options are, because the letting agent's position doesn't seem right to me.

Situation:

- Student HMO in England, 6 joint tenants on a single agreement, joint and several liability, individual guarantors.
- The agreement was signed by all parties in April 2026 and commences 1 September 2026. It's drafted as a 11-month fixed term AST, but as I understand it, since it commences after 1 May 2026 the Renters' Rights Act means it takes effect as an assured periodic tenancy with no fixed term.
- Deposit will be held in a custodial scheme.
- One of the six tenants (also on the current tenancy, which ends in a few weeks) has severely mistreated the property: room full of rotting food, stacked plates, bin bags of decomposing waste, despite a previous warning from the landlord. More seriously, he has made threats to commit arson against the property. We are documenting incidents.
- The other five tenants want him off the September agreement. The landlord also wants him gone. We have a replacement tenant lined up who already lives in the house and is ready to sign.
- The letting agent has told the landlord that because the contract is signed, nothing can be done, and the tenant in question will not agree to come off voluntarily.

The best the landlord has offered is: we all move in on 1 September, immediately serve 2 months' notice to end the whole tenancy, and then sign a fresh agreement without him from ~1 November.

Questions:

1. Is it actually true that a signed agreement which hasn't commenced can't be varied or replaced? If the landlord and 5 of 6 tenants agree, is there no mechanism (deed of surrender and re-grant, variation, etc.) that works without the sixth tenant's consent?
2. Since the tenancy will be periodic from day one under the RRA, can one joint tenant's notice to quit end the tenancy for all – and can notice validly be served before or at commencement so it expires as early as possible?
3. Do documented threats of arson and property mistreatment give the landlord realistic grounds (antisocial behaviour / deterioration of the property) to seek possession against him quickly and can possession be sought against one joint tenant, or only the tenancy as a whole?
4. Is the landlord's "move in, serve notice, re-sign in November" plan sound, or does it expose the five of us to risk (e.g. the landlord choosing not to re-let to us, or the problem tenant refusing to leave after the notice expires)?


Any pointers appreciated – it seems very odd that in a situation where the landlord and five of six tenants are aligned, and the sixth is refusing to leave having threatened arson, the answer is "nothing can be done".

[islandgirl]

I don't know much about the new act but why did the Agent sign this person up again? Were no checks done regarding how the property was being looked after before the new contract was drawn up?

[Tofros]

The gov.Uk website indicates that notice by one tenant will usually be effective to end the tenancy for all in a joint tenancy. However, you cannot give notice prior to the commencement of the tenancy. The landlord could agree to cancel but it is unclear what effect that would have on their repossession rights against no.6. The landlord could agree to shorter notice but that would require the consent of all 6 of you.

not sure about the entering of a new tenancy from 1 November because if no.6 refused to leave on Oct 31 landlord would have to go through repossession proceedings to get them evicted. Might be better to line up somewhere else from 1 November and hope no.6 does not cause damage that you could be on the hook for via the joint and several liability.

Check out the .gov website because ther are special provisions for student HMOs.

The existing lease would have been deemed to become an assured tenancy when the new act came into effect so I am wondering whether there are some existing tenants who are moving out? Have they given notice? In which case the existing tenancy will come to an end. If so, no 6 would be obliged to move out with the others? Perhaps the old tenancy will not have validly ended by 11 Sept? Question which occurs is whether the new tenancy can be valid if the old tenancy which converted to the new form in May has not come to an end.

students union usually has advisers on accommodation so I suggest you go and talk to them to see if they can advise you.

[Tofros]

Check out article on thesu.org.Uk titled “ renting just changed what every student needs to know” which indicates that the new lease may be void and unenforceable. That would solve your problem.

Also agent seems aware of how landlord can end student tenancy under 4A so you might point that out to them re the existing tenancy.

[Tofros]

If you Google
if a student tenancy converted to new form in May 2026 what is status of a purported new tenancy granted in April 2026 to different tenants commence in September 2026
you will find helpful info 8n the AI response to help you frame your conversations with the SU, the agent and the landlord.

[tile22]

I don't know much about the new act but why did the Agent sign this person up again? Were no checks done regarding how the property was being looked after before the new contract was drawn up?

The current tenants proposed the renewal and the landlord had no issues. The agent likely was unaware though in hindsight its surprising the landlord did not ask any further questions or re visit the property prior to signing the next contract.

[tile22]

The gov.Uk website indicates that notice by one tenant will usually be effective to end the tenancy for all in a joint tenancy. However, you cannot give notice prior to the commencement of the tenancy. The landlord could agree to cancel but it is unclear what effect that would have on their repossession rights against no.6. The landlord could agree to shorter notice but that would require the consent of all 6 of you.

not sure about the entering of a new tenancy from 1 November because if no.6 refused to leave on Oct 31 landlord would have to go through repossession proceedings to get them evicted. Might be better to line up somewhere else from 1 November and hope no.6 does not cause damage that you could be on the hook for via the joint and several liability.

Check out the .gov website because ther are special provisions for student HMOs.

The existing lease would have been deemed to become an assured tenancy when the new act came into effect so I am wondering whether there are some existing tenants who are moving out? Have they given notice? In which case the existing tenancy will come to an end. If so, no 6 would be obliged to move out with the others? Perhaps the old tenancy will not have validly ended by 11 Sept? Question which occurs is whether the new tenancy can be valid if the old tenancy which converted to the new form in May has not come to an end.

students union usually has advisers on accommodation so I suggest you go and talk to them to see if they can advise you.

The current tenancy will end on the 31st of July however the landlord is letting a number of the returning tenants keep their possessions in the rooms over august, No.6 included. I dont believe there are concerns about evicting no. 6. While they are particularly difficult , I do not believe they would refuse to move out once they loose contractual claim to live there.

The new tenancy from Nov 1 seems to be the only option though my concern is that the two months that the problem tenant remains will now have become increasingly volatile and like you pointed out damage to the property/further threats of harm (or actually following through with them) are going to be far more likely given they have effectively been "riled up" by this effort to remove them.

You make a good point to contact the union or student housing advice. I have struggled to get anything meaningful from them in the past, but this could be a suitable case for them. My only concern with contacting them is that they might be concerned with the "well being" of the problem tenant as well as the well being of the other 5 and could be reluctant to assist in removing them. It would also require informing them of the threat they made which would further inflame things if removal prior to tenancy start is not possible.

[Tofros]

The current tenancy will not end on 31 July unless unless either a tenant or the landlord has given notice under the new legislation. The existing leases converted to the new form in May and so the tenancy end date is null and void unless the prescribed steps have been taken to end the tenancy.