Tenant blatantly Sub-letting & denies it

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    Tenant blatantly Sub-letting & denies it

    Hi All,

    I'm hoping you can advise me on which way to turn here.
    Tenant was on an 12 month AST from 02/05/17, then 6 month AST 02/05/18 - 01/11/18, then a further 6 month AST 02/11/18 - 01/05/19,
    Just been informed that the tenant is sub-letting the property without my permission and taken in a sub-tenant, sub-tenant has moved a lot of furniture, fittings, clothes etc into the property on Saturday, I approached her and asked who she was, her reply, was to say that she was a friend of the tenant and he told her it's ok to move in with him and pay half of the rent and half of the bills and he would keep everything in his name. I told her this is not possible and that he is in breech of his tenancy for sub-letting.
    He has since told my partner that she is a friend and he is entitled to have a friend/guest stay with him as long as he likes. Tenant is completely denying that he is sub-letting.
    I wan him out of the property but am unsure of the dates that I put on the Section 21 Notice, I'm not going to bother going down the route of Section 8 (ground 12) as this is discretionary,
    I'm aware that I have to give 2 clear months on a Section 21, but if I give it tomorrow, then the tenancy will run over onto a periodic tenancy, and I'm unsure what to do then

    Any advise would be greatly received

    Thank you

    #2
    You just give a clear 2 months notice plus a couple of days if you post it. Dont worry about the tenancy becoming periodic in the interim, thats a pre-requisite for a valid notice. Your main concern should be to ensure youve complied with all the requirements for a s21. If the tenant doesnt move out by the end of the notice period you have to proceed to court

    Comment


      #3
      Propery inspection asap to gain evidence of sub-letting, which I assume is forbidden in AST, then serve s8 or s21 for Breach of Contract on the T.

      Comment


        #4
        A friend moving in is more likely to be a licence than a sub-let.

        Comment


          #5
          The tenant isn't sub-letting, they're doing exactly what they've said they're doing - sharing with a friend and splitting the costs.
          Why on earth would you want to evict them for that?

          Two people is arguably twice as much wear and tear, but, in reality, how much difference is it going to make?

          Is it a problem for your mortgage or insurance?
          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


            #6
            Do not accept any money from new occupant or a new tenancy might be created.

            Inform tenant verbally that you will, as always, be informing council of 2nd occupant (council tax) and both HMRC & DWP of their additional income: They just might take the "hint".
            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
              Thank you all so much for all of your advice,

              I have provided everything that is required, EPC, Gas Cert, Right to rent, GDPR, Protected the deposit & given all of the relevant paperwork, My reason for wanting him out now, is the fact that he has lied and continually lies about sub-letting, I have written to him informing him that his sub-tenant told me that she has moved in with him and that she said he asked her to pay half rent & half bills, he still denies this, I told her if she wants to live with him, then she must be reference checked and put on the tenancy, she said that she didn't want that and that she dosen't know how it will work out with living with the tenant as he is just a friend. Basically the trust is gone between tenant & landlord now and to be honest who need the hassle of it all.

              Thank you so much again, I will issue him with a Section 21 Notice & Section 8

              Comment


                #8
                He lied: Don't even contemplate new tenancy or credit checking this lady.

                No references or a full, honest one, even if that means things take longer: It's what you'd want if he applied to you now.

                I'd also inform local council so they don't help or rehouse either of them.

                Don't bother taking s8 to court, just go s21 etc etc. Check s21 against...
                https://nearlylegal.co.uk/section-21-flowchart/

                Sorry this has happened.
                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


                  #9
                  The tenant hasn't lied about sub-letting, he's not sub-letting.
                  Someone has moved in and is sharing the bills - that's a perfectly sensible and normal arrangement.
                  And it's not a sub-let, because there's no "let".

                  Unless you have a reason (and you might) that requires the other person being on the tenancy, there's no need to do that, and the "friend" is probably right not to want to enter a joint tenancy.
                  If they're not an established couple, it's probably a lot less hassle not to have a joint tenancy for everyone's sake, including the landlord.

                  Evicting a non-trouble making regular rent paying tenant (who has now found additional resources to make regular rent more likely) is a terrible business decision.
                  Their domestic relations and who pays for what are, literally, none of your business.

                  And don't bother with a s8, there's no possible way it can lead to repossession based on what's been posted.
                  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


                    #10
                    Originally posted by theartfullodger View Post

                    Sorry this has happened.
                    my heart bleeds.

                    The tenant pays rent and nothing in the above suggests that they have abused the LL's property in anyway and now these two people will go through the pain and suffering of a sudden eviction.

                    Clearly the OP is entirely justified in disposing of their asset in whatever way they see fit but the false platitudes are entirely unnecessary and perhaps explain why the tenant/landlord relationship is often so fraught with suspicion and hostility.

                    If everyone just recognised it for what it is: a mutually beneficial business arrangement then we'd all get along much better.

                    I would also ask why the OP felt it appropriate to suddenly confront this person in the first place, surely it would be much better to only deal with the named tenant and to do so formally and professionally, otherwise accusations of harassment and intimidation could follow and the whole situation will just degenerate unnecessarily.

                    Comment


                      #11
                      Originally posted by Galway View Post
                      I told her if she wants to live with him, then she must be reference checked and put on the tenancy, she said that she didn't want that and that she dosen't know how it will work out with living with the tenant as he is just a friend.
                      Sounds very sensible of her and him. Its not up to you to try to force a couple of friends into an arrangement they can't easily dissolve.

                      Comment


                        #12
                        What jpkeates says.

                        Comment

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