I need to get my tenant out - Help!

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    I need to get my tenant out - Help!

    I hope I can get some advice here as I am panicking slightly

    I have a two bed maisonette that was let 2 months ago to a single male who told my estate agent his wife would be moving in with him the following month.
    It turns out he may have moved in 3 or 4 other males into the maisonette and they are causing nuisance to neighbours and basically causing complains coming to me left right and centre with noise, mess, a few other things and most worryingly for me breaking HMO rules if there are 3,4,5 of them potentially living there in a small 2 bed place.
    I have visited the property and it seems to be being looked after well enough but obviously they are causing nuisance when i am not there and I do not want all these people in the property, it was let to 1 person only named on the AST.

    My property is leasehold and the managing trustees have now sent me a stern letter telling me basically i am breaking all these various clauses of my lease and they will issue a Notice of Breach of Covenant and start legal proceedings to forfeit my lease if i do not carry out action immediately. This has stressed me out.

    The break clause is still over 3 months away so i cannot use a S.21 as that is too long to wait, i can only think that i can issue S.8 on a few discretionary grounds (12 and 14 with also 13 and 17 seem likely) as none of the mandatory ones have been broken.

    I sent my tenant a letter a few days ago telling him that anyone else in the maisonette must leave immediately and the property is only let to him as per the AST but really i just want him gone so i can start again. I don't think when i check Monday these other people would have left anyway.

    Would you recommend this route with the S.8 in this situation?
    I am going to have a polite conversation with him next week and ask him nicely that this property seems like it doesn't fit his needs and suggest he looks for somewhere else to live where more people can stay.
    Either way after the conversation i think i need to issue the S.8 to him in person so he knows i am serious and as i need to show the managing trustees that i am taking immediate action being i feel like i am in the shhhhit.

    Thanks for any advice.




    #2
    Point out to him that he is running an unlicensed HMO and that may result in significant legal penalties.
    And if the situation is not rectified in 2 days that you will be obliged to disclose this to the local authority so that they do not hold you responsible.
    That may have the desired effect.

    Also ask the management to ask other residents if they would be willing to provide evidence to support your S8 application.

    Comment


      #3
      You should be OK on the forfeiture threat if you evict as soon as you legally. If they went for forfeiture, you would almost certainly be granted relief on the basic that you evicted as soon as possible.

      Strangely, five adults is not necessarily overcrowding a two bedroom property, assuming it has at least one reception room. This is subject to room sizes.

      Five adults would be a licensable HMO, but it is your dodgy tenants who are operating that HMO, not you.

      Start section 8 immediately if there a maximum number of occupants, or a sub-letting restriction in the tenancy agreement.

      Inform the council if there are five, or they have Additional Licensing, making it clear the breach was by the tenant.

      Inform the council if the room sizes meant that there is statutory overcrowding.

      Comment


        #4
        Explain to tenant you will be informing HMRC & DWP (benefits) of his extra income.... but if he leaves with his chums you won't.... (You would of course...)
        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
          Originally posted by theartfullodger View Post
          Explain to tenant you will be informing HMRC & DWP (benefits) of his extra income.... but if he leaves with his chums you won't.... (You would of course...)
          This will set his brow sweating.

          Comment


            #6
            Originally posted by Hudson01 View Post

            This will set his brow sweating.
            Aye, I know! But at almost zero cost it's worth a try. Most alternative options will take way longer.
            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


              #7
              You might also let the tenant know that as he doesnt have an HMO licence, his subtenants will have the right to a Rent Repayment Order to claim back all the rent theyve paid him and you feel its only fair to let them know their rights.

              Comment


                #8
                Thank you everyone, you have confirmed what i believed in that Section 8 should be issued asap.

                I have just spent 20k refurbishing the whole place so i don't want to annoy him too much, rather give him a friendly push.

                Thanks again.

                Comment


                  #9
                  P.S - Could anyone link me to where it states exactly what size rooms need to be for it to be classed as an HMO or when it needs to be a licenced HMO.
                  It is a two bedroom flat with one reception room so assuming there are say 3 people living there where two are staying in one room and one person in the smaller room leaving the reception room as just that, would that count as HMO? Or how many people would it take to be a HMO?

                  Comment


                    #10
                    Room sizes don't determine whether it is an HMO, they determine it is overcrowded or an illegal HMO.

                    For a two bedroom flat, with one reception room, housing only adults, the maximum number of occupants is 5.

                    However, if any room is less than 50 square feet, that room is not counted, so if one room is of Harry Potter size, the limit goes down to 3 adults.

                    Rooms above 50 square feet have a nominal capacity in persons. However, in a single family home, you can can count the capacity of the reception room, even if people don't sleep there. I believe the current position on HMOs is that you must respect the limit for the actual room in which someone sleeps. For licensable ones, councils sometimes set higher size limits. I believe the smallest room allowed one adult is 70 square feet and you need 110 square feet.

                    More information on the overcrowding rules, but not the additional constraints for HMOs, can be found at https://england.shelter.org.uk/housi...crowded_by_law

                    Comment


                      #11
                      Originally posted by cabriochris19 View Post
                      Or how many people would it take to be a HMO?
                      3 or more people in 2 or more households.
                      Household = related or living together as a couple.

                      Comment

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