i seem to have an illegel HMO ....

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  • i seem to have an illegel HMO ....

    i rented a property to - Debs (we'll call her), who is working, aged 48, and her do-lally son (Christopher we'll call him) and who is on the dole aged 22. She has paid her rent on time every month since AST began 3rd April 2007.

    The sons girl friend (Mel we'll call her) lived 2 doors up in another of my props and Debs acted as guarantor for Mel.

    Mel perfect tenant - should have been staying years.......

    A few months late Mel was beaten up by Christopher, Mel goes on holiday, comes back to find half my laminate floor missing, all the curtain rails gone, rooms only half decorated blah blah - all the stolen stuff Christopher "believes" he paid for.

    Mel leaves - as is too scared to be too near the violent Christopher.

    When i did an inspection a few weeks later the laminate and curtain rails are now installed in Debs house. I have not confronted her with the fact that i know these are my goods from Mel's house.

    New tenant moves in Mels house - fine.

    (I know this is getting complicated - i'm making it as simple as i can !)

    i have spoken with Deb once, and written to her three times asking for funds to repair the damage to Mels house - no response.

    i now have evidence that Deb has moved in 2 other adult tenants and a small child !!! making me the owner of an unregistered HMO

    Aaarggh !!!!

    should i drop the claim for the damages ?

    issue Section 21 against Debs and son ?

    if i do issue a section 21 could i include damages to Mel's property - or would this need to be a separate action ?

    Inform the council ?

    kind suggestions welcome - thanks

  • #2
    The occupier of a property can have up to two lodgers in addition to their own family.

    I'm not sure if the child, as a third entity, puts the body count to occupier + 3.

    If so, then it's your tenant who must register for HMO status, not you, as according to your AST you have only two tenants.

    However, your tenant probably has no idea what she's doing.

    Serve notice if possible and get rid of these trashy tenants.


    • #3
      Must agree, get them out ASAP.


      • #4
        i fear you are right ..... do you think it worth pursuing her for the damages she was responsible for as guarantor for the other property ?


        • #5
          Well,it depends on how much the damage comes to, the amount of money you think she's got and a violent son who doesn't mind hitting women.

          Get rid, swallow the loss and key an eye out for decent tenants.


          • #6
            ok - many thanks - sometimes it takes an outside view to see the bl**ding obvious !!

            Should i go the N5B or the N5 route ?


            • #7
              N5B accelerated possession if for when you have a written AST, fixed term has ended, you must have a correctly served S21 with written proof of service. There won't be a hearing (unless T asks for one).

              N5 is the same as above except you can use it where you don't have a written AST. There will be a hearing.

              To be quite honest, there's not much in it.


              • #8
                BTW it's no good having another tenant as guarantor, they must be a UK based PROPERTY-OWNING person with good credit rating.

                That way you can go after their assets if there is a prob.


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