Tenant moved in without knowledge

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    #16
    As long as you can demonstrate that they failed in their duty to you (e.g. negligence) then I think you would have a case to claim damages from agent if you suffer losses i.e. get fined, sued, etc. as a result of their actions or lack thereof.

    Along with agency agreement a widely-recognised code of practice such as TPOS (https://www.tpos.co.uk/codes-of-practice) can be useful to demonstrate what an agent should and should not be doing.

    For now, your focus should be on righting any wrongs ASAP. Get certs in place, make sure deposit is protected, check the HMO situation, etc.
    There is a fine line between irony and stupidity. If I say something absurd please assume that I am being facetious.

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      #17
      . . . and do a landlord course and research your next agent properly. When you ask them probing technical questions and they don't know . . . bye, next . . .

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        #18
        Thanks everyone.

        Would the next step be to complain to the property ombudsman (they are part of the scheme)?

        Are the code of practice mandatory for the agent to follow as several of those practices were not adhered to.

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          #19
          It's been suggested you seek advice from a solicitor or direct access barrister (specialising in landlord and tenant law and negligence) to establish your exact legal position. That's good advice because a number of laws have been broken.

          The ombudsman is essentially a compensation scheme and they don't give legal advice.

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            #20
            Thank you for your help

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              #21
              The joint tenants are a family unit. Each family member on the single tenancy agreement.

              When giving relevant documents such as how to rent booklet and prescribed information / GSC, do I need to just give a copy one tenant or to each family member?

              Or does one family member receiving the copy and signing to say they received on behalf of the family suffice?

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                #22
                In a joint tenancy, there's legally only one tenant, so things you have to give to the tenant can be given to any one person.
                Normally, the GSC is a copy left in the property itself, so it's available to anyone.

                The prescribed information for the tenancy deposit has everyone's name on it.
                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).

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                  #23
                  The prescribed information does that have to be signed by all the family members on the tenancy agreement?

                  Does a landlord have to keep a copy of the prescribed information? Or just give it to the tenant along with the leaflet and and get a signed acknowledgement by the tenant they received the relevant information

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                    #24
                    The tenant has to be given the Prescribed information and given the opportunity to sign it.
                    You can't make someone sign a document.

                    I post them two copies with a stamped envelope and ask them to sign and return one of them.
                    About 50% success rate.
                    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).

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                      #25
                      Thank you for your help

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                        #26
                        Tenants moved in recently and I found out more people are living in the house than originally signed for.

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                          #27
                          Do I still have to wait for fixed term to end?

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                            #28
                            How many people are living there and how many should be living there?
                            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


                              #29
                              3 should be living there and there are about 6

                              sub letting was not permitted

                              Comment


                                #30
                                If the three people were in one household, by subletting they've created an HMO.
                                If they were not connected, it was already an HMO and now it sounds like a large HMO which needs licensing.

                                Your best bet may be to tell the tenants that what they've done isn't legal and that you'll report them to the council.
                                You'd need to be able to persuade the council that it was them and not you.

                                Any notice you serve now relating to this has a minimum of six months duration.
                                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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