Tenant has wife come to stay in HMO .

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    Tenant has wife come to stay in HMO .

    My tenant has invited his wife over to stay for an indefinite period. This means there are now 5 people in the house not 4. This makes me liable for the extra person tax (payment/fine). Not only that she is unemployed which is against the terms of my mtg and insurance. How should I proceed?

    #2
    I didn't press the post button - I offered them a double room for a maximum of 3 weeks in another house but she didn't like that so they've offered me £20 if she can stay for a few more days! What!!! I've told them they can rent the small bedroom in the same house as the one they're in for £65 for the week and that £20 is an insult. I'm fuming. Get me gin!

    Comment


      #3
      Serve s8g12 for breaking terms of tenancy agreement TODAY!. Explain you will evict (don't even try s8g12 -s21 instead...), no or truthful reference. May be wisest to pay for other insurance (vs consequences if place burns down, insurers find out & don't cough up, you bankrupt..). Apologies for being blunt but...

      Do terms of mortgage specify "occupants" or "tenants". If only tenants you are OK.

      Perhaps careful letter/email to council to explain what happened & what you are doing (and so they don't get rehoused...).

      Poor you!
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

      Comment


        #4
        You're right about the insurance and I've explained this to him, but they don't care - of course. Not sure about what the mtg says. I know when I got it it was for employed people only and that's what it says on my TA.

        I'm hoping that they'll be out at the end of the week, fingers crossed, because they'll be required by me to pay the 'more than 4 people in the house' fee from Oct 1st.

        I think they think it'll be easy to get a couples' room but there isn't another one that doesn't charge a deposit or admin fee. They'll soon realise what a great deal I was offering them. I told them I could let the room by tomorrow (read: I will not be letting this room to you if you don't sign up NOW!) so it's a no from me.

        I'll sort the s8g12 tomorrow.

        Most of all I feel so annoyed at myself for being nice. Yes Poor me

        Comment


          #5
          S8.12 being issued today. I've typed it up.

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            #6
            You need to be in control - I would not have offered them anything.



            Freedom at the point of zero............

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              #7
              Interlaken - in retrospect I wouldn't, but he said his wife was only staying for 2/3 weeks so I offered another room as a favour really as I could have let the room on a more permanengt basis, Now he wants his wife to stay indefinitely. The whole thing is a mess. His room is overcrowded, the house is now needing a licence and I want him out.

              Comment


                #8
                I'll have to issue a S21 this weekend ie before 1st October and charge him LIP. Roll on the CCJ.

                Comment


                  #9
                  A bit of an update. I went round with the handyman to change the fire alarms yesterday and the T told me he has a flat which he will be able to move into later in the week. There;s a bit of light at the end of the tunnel

                  Comment


                    #10
                    Update: The tenant was supposed to move out on Friday and I went to clean the room on Sunday ready for the next person to move in on Monday ie the next day , I knocked on the door expecting to get no answer, and attempted to open it but it was locked. This sometimes happens when a T moves out - they lock the door (mortice) and put the key somewhere and forget to tell me. I got a key to try and open it but it was the wrong key so I got the right key and the door unlocked from the inside and opened and the T was still there. He then phoned the council to say I had forced entry and evicted him.

                    I spoke to the council today who say they have told him to stay put and not move out as per S8. I asked the council if they had told T he would be liable for solicitors fees (£400 per hour), court fees etc and she said he wouldn't be. She just wouldn't have it that T would be liable and refused to advise him of this. I also said that he would be liable for any additional insurance and the council said he wouldn't. I had to point out that it was in his tenancy agreement and she said it wasn't. Is. Isn't. Is. Isn't. have you read it? isn't. is - you get the picture.

                    I have to say that I gave the agency of the flat a truthful reference ie that he had breached the terms of his TA which had implications with regard to my insurance , overcrowding etc. I told this to the council and said this was the moral thing to do as I would not let to him again. The council have all but asked me to lie by omission. I said I wouldn't do this.

                    I also pointed out to the council that I had done everything to help him find somewhere more suitable and she would be able to see this on his phone as text messages, but of course, the rent is more because it was a double room and he didn't want to actually pay for his wife to stay which is why he won't go. I gave the council the details of the place I had given him and suggested if he move there I would give him a reference as he could be out within a week. It's in a HMO but £115 pw , mines £80 for one person, ONE PERSON not two.

                    The council are under the impression that his wife is only here for a holiday and were surprised when I told them that no, she was here permanently which is why there is a problem! Honestly I wanted to scream.

                    The council has never heard that if the tenant gives a leaving date and doesn't go the landlord can charge double the rent.

                    And he can't be homeless as he has a house abroad, which he now says is his parents.

                    And just to finish - I told him that his wife can't stay but I would charge £10 a night for the first 3 nights and £35 per night after that and that if she stayed he would be agreeing to this. How do I stand legally on this?

                    Rant rant rant grrrrr. Thank you for reading this. I feel so much better having shared my frustration with you all.

                    Comment


                      #11
                      Sorry but all this was entirely predictable and you should have served notice earlier.

                      Comment


                        #12
                        I didn't have any choice in the wife staying there. I said no all along but T chose to ignore this.

                        Comment


                          #13
                          There’s a difference between a tenant saying they’re leaving and serving notice.

                          Tenants are always awarded costs when it’s a s21 hearing and they lose (because the hearing is generally unnecessary), but the s8 notice breach is a discretionary ground and the tenant’s within their rights to ask a court to make a ruling.

                          I think I’m at leases partially with the council on this one.
                          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                          Comment


                            #14
                            Mesne profits, which are set at twice the rent, but are not rent, do not start until the tenant surrenders, or the bailiffs arrive.

                            Comment


                              #15
                              Mesne profits arise when a tenant serves notice and then doesn’t leave. They can’t arise from a surrender, because if the tenant doesn’t leave the surrender hasn’t happened, so the tenancy doesn’t end. They can’t arise from bailiffs attending, because the bailiffs end the tenancy by returning possession to the landlord, otherwise, again, the tenancy continues.
                              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                              Comment

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