Letting agency sub-letting?

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    Letting agency sub-letting?

    So we are renting out a three bedroom property with a letting agency. They found us a tenant, Mr. X, and we duly signed an agreement.

    During a visit to the property, it turned out that Mr. X wasn't living there, and instead he was subletting four rooms to four people. He had built a partition to squeeze in another person! Obviously we weren't happy about this.

    It's since transpired that he has moved his tenants to another flat that he rents in the same building, again building a partition to make more rooms/money.

    What's interesting is that I saw his name on an e-mail from him to the letting agency. An online check on the name reveals that he is the director of the letting agency! Surely this can't be legal?

    #2
    100% illegal.

    You have a lot to do to get these people out, as well as Mr. X. but unfortunately it has to be done legally. Others will reply in due course.
    What ever you do, do NOT accept rent from the subletters.

    If it were me, I would be going round there with your copy tenancy agreement and copy of your lease, stating you are the owner, and they have no right to be there ( take someone with you ). Tell them you want them out in 7 days, and to stop paying rent to Mr. x as he has no right to alter your house or charge them rent.

    And that is all you need to say
    , be forceful in your speech, then leave.
    You may not be brave enough to go there and say that, but you are not telling any lies.
    You may soon hear from Mr. X.

    Your flat may now be an H.M.O. and you could be in serious trouble if the council find out.

    As I said, others may give you more alternatives, as mine is just an interim to get them all thinking. ( some may leave - some may not )

    Comment


      #3
      Thanks for the reply. As stated, tenants have already moved out. I am making a formal complaint to the Citizens Advice about the letting agency, as even though they are aware that their were other tenants there, they don't seem bothered that their own director broke at least eight clauses in their own tenancy agreement. Is their anyone else I should contact? The Property Ombudsman?

      Comment


        #4
        CaB won't do anything with a complaint other than sympathise - good people though they are. They do advice, not complaints.

        Complain via Letting agent redress scheme - see
        https://england.shelter.org.uk/housi...letting_agents

        What EXACTLY does your agreement with the agent state? If you didn't read it too carefully you might find you've given them a tenancy (the agent as your tenant) allowing them to sub-let (them, agent, as landlord with the occupants as their tenants).

        Was it a "guaranteed rent" scheme/scam by any chance?
        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


          #5
          Tell your local authority, the properties are being operated as HMOs which have strict regulaitons.
          You can't simply take a normal residential property and just turn it into an HMO - there have to be fire risk assessments - which invariably requires changes to doors and alarms, there's possibly planning permission required etc etc.
          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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