Sub-letting flat and rent paid in advance

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    Sub-letting flat and rent paid in advance

    Hoping someone can help. I've got a lady that is renting a flat from me and has paid 6 month's rent up front. I have since found out that she is not living at the property and has a friend who is living in the flat. As she is sub-letting that not only breaches her tenancy agreement but also means that my landlord insurance will not cover for any damages etc. What can I do in this situation? Should I reference the friend and get them to sign a new tenancy agreement? What if they fail the referencing? If I serve notice due to breach of tenancy what happens with the rent paid?

    #2
    I don't like this kind of deceit. Have you established that the person living there is not running a business, brothel or farming cannabis? These are often the reasons for applicants wanting to pay 6 months upfront apart from not passing a credit check. There must be a reason for the applicant to break the rules this way.

    I would issue a Section 21 notice and refund the 'unused rent' at time of eviction which could be some time into the future they way the courts work. Then you could always contact the payer and tell them you are on to them and negotiate a settlement whereby the occupant leaves and money is refunded.

    How far into the tenancy are you? Obviously S21 can only be issued at 4 months.



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

    Comment


      #3
      Section 21 would only be a belt and braces measure, as there is no AST as the tenant is not using it as their principal home.

      Also a section 21 can't expire until all the six months' rent is used up, so there will be no rent to return.

      It does raise interesting questions about advanced rent where there is a serious breach that doesn't invalidate the AST status and isn't to do with non-payment of rent. In that case, does the early termination and subsequent return of the balance of the rent mean that part returned was an unprotected deposit?

      I'd agree that the dishonesty is a warning side about the occupier, as well as the tenant.

      Comment


        #4
        I would contact the tenant and point out that they are in breach of contract and offer a refund of rent paid if they surrender the tenancy and returns the property to you.
        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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