Tenant Subletting without consent and not living in property

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  • Tenant Subletting without consent and not living in property

    Hi,

    I let out my 3 bed house in January 2010 for a 6 month AST to a total of two tenants. The AST ends in July. I took one months rent and deposit in advance.

    I have just found out that the house has been divided into 5 bedrooms and is being sublet to 9 people without my permission. The tenant is not living in the property. The tenant has divided the two receptions with a partition which i strictly and verbally said not to do.

    What are my options to get the 9 sublet people out and end the tenancy with the tenant.

    Please ask if you need more info.

    Thanks.

  • #2
    Serve a sec 21 eviction notice.
    What part of the tenancy agreement have they broken?
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    Comment


    • #3
      subletting the property without my permission and creating a partition wall without my consent

      We tried to be very careful about letting out to a family and not to lots of different people and this is what he told us as he showed a wife and child. do I need to do anything about the subletees?

      does this constitue s.21 notice in the AST which has the following wording :
      "This Agreement creates an Assured Short Hold Tenancy within Part 1 Chapter 11 of the Housing Act 1988 and the provisions for the recovery of possision by the Landlord in section 21 thereof apply accordingly, save where the Lanlord serves a notice under paragraph2 of Schedule 2A to the Act"

      also, is it not worth persuing section 8 so that possesion is granted in two weeks rather than section 21 which would end the tenancy in August rather than July?



      also the tenant has made at least 600 extra each month i.e. £3k - can i persue for this extra rent as it was made using my property?

      Comment


      • #4
        Originally posted by muhaimin786 View Post
        subletting the property without my permission and creating a partition wall without my consent
        I have never seen a tenancy agreement that states that a tenant can't create a partition wall without consent.

        Originally posted by muhaimin786 View Post
        We tried to be very careful about letting out to a family and not to lots of different people and this is what he told us as he showed a wife and child. do I need to do anything about the subletees?
        You evict the tenant that you put in there.

        Originally posted by muhaimin786 View Post

        also, is it not worth persuing section 8 so that possesion is granted in two weeks rather than section 21 which would end the tenancy in August rather than July?
        If the tenant gets rid of the sub-tenants, would you be happy to keep him, or would you rely on your clause in the agreement about partitions?

        Originally posted by muhaimin786 View Post

        also the tenant has made at least 600 extra each month i.e. £3k - can i persue for this extra rent as it was made using my property?
        lol.
        Allow tenants to protect their own deposits. I want free money when they do it wrong

        Comment


        • #5
          Thank you for your time and advice. It is truly exceptional to find someone who truly helps those in need for nothing in return. I salute you.

          Comment


          • #6
            Originally posted by muhaimin786 View Post
            We tried to be very careful about letting out to a family and not to lots of different people and this is what he told us as he showed a wife and child. do I need to do anything about the subletees?
            If the occupants who are unnamed on the AST are still resident at the time of eviction, the bailiffs will remove them.

            Originally posted by muhaimin786 View Post
            also, is it not worth persuing section 8 so that possesion is granted in two weeks rather than section 21 which would end the tenancy in August rather than July?
            Only if ground 8 applies (as this is a mandatory ground), i.e. more than 2 months rent is unpaid, if rent paid monthly.

            Regarding the section 21, it's important that you get the dates correct.
            The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

            Comment


            • #7
              Originally posted by thesaint View Post
              I have never seen a tenancy agreement that states that a tenant can't create a partition wall without consent.
              No, but you've probably seen one which says the tenant cannot make alterations.

              Comment


              • #8
                Originally posted by muhaimin786 View Post
                does this constitue s.21 notice in the AST which has the following wording :
                "This Agreement creates an Assured Short Hold Tenancy within Part 1 Chapter 11 of the Housing Act 1988 and the provisions for the recovery of possision by the Landlord in section 21 thereof apply accordingly, save where the Lanlord serves a notice under paragraph2 of Schedule 2A to the Act"
                No, it just says what type of tenancy it is and how the landlord may regain possession.

                You have to serve a s.21(1)(b) notice. This must give the tenant at least two months, so allow 2 or 3 extra days for postage (e.g. if you posted it on Monday 14th June, then the notice should say you require possession after 16th August (or later, if you like).

                It is essential to keep a copy of the notice, and to get proof of posting in the form of a *free* certificate of posting (do not use signed-for services as they can go undelivered). To be on the safe side, post two identical copies of the notice, on the same day, first class, from two different post offices, and get two certificates of posting.

                Here's a template for the notice
                http://www.letlink.co.uk/GeneralInfo...on/S21_1_B.pdf

                Note that, as it's a joint tenancy, you must name both tenants on the notice.

                Also note that the deposit you took must be protected before you can serve a valid s.21 notice.

                also, is it not worth persuing section 8 so that possesion is granted in two weeks rather than section 21 which would end the tenancy in August rather than July?
                Serving either a s.8 or s.21 does not result in you being 'granted' possession at the expiry of the notice, it merely allows you to apply to the court for a possession order after the notice expires. Getting a possession order will take several weeks, and then, if the tenants/occupiers don't leave, you then have to get a bailiff to enforce the possession order, which'll delay things further.

                As tom999 says, if there is at least two months' rent owing and unpaid, if rent is paid monthly (N.B. not the same as two months' arrears), then this provides a mandatory ground (gr.8) for possession. But you could also try on the basis of gr.12 (breach of contract terms), and perhaps gr.13 (deterioration in condition of property). These are discretionary grounds (i.e. up to the court to decide whether there's a good enough reason to evict), so you'd need solid evidence of the partition/alterations, and of the subletting. It's not enough just to say that's what's happened.

                See http://www.letlink.co.uk/letting-fac...-8-notice.html
                http://www.letlink.co.uk/GeneralInfo...n/SECTION8.pdf
                http://www.letlink.co.uk/letting-fac...d-tenancy.html

                Personally, I'd serve both a s.8 notice and a s.21 notice as it's clearly essential to get these tenants out as soon as legally possible.

                Comment


                • #9
                  No. If T is not occupying the premises as only/main residence , the letting has ceased to be within the Housing Act 1988 at all [s.1(1)].
                  As s.8/s.21 are inapplicable, L should simply start common-law possession proceedings instead.
                  JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                  1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                  2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                  3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                  4. *- Contact info: click on my name (blue-highlight link).

                  Comment


                  • #10
                    Originally posted by jeffrey View Post
                    No. If T is not occupying the premises as only/main residence , the letting has ceased to be within the Housing Act 1988 at all [s.1(1)].
                    As s.8/s.21 are inapplicable, L should simply start common-law possession proceedings instead.
                    Fine, if LL can prove T is not resident.

                    But given the demonstrable dishonesty of T, chances are T would contest a common-law possession claim on the basis that he is resident and has not been served proper notice. I doubt the subtenants would cooperate to confirm non-residence of T.

                    Comment


                    • #11
                      Originally posted by westminster View Post
                      Fine, if LL can prove T is not resident.
                      Post #1 asserts that The tenant is not living in the property.
                      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                      4. *- Contact info: click on my name (blue-highlight link).

                      Comment


                      • #12
                        Originally posted by jeffrey View Post
                        Post #1 asserts that The tenant is not living in the property.
                        The landlord says he isn't, the tenant will say he is. The tenant will have a tenancy agreement, keys, possession and I assume proof of rent payments.

                        The landlord only has his word and the clause about partitions.
                        Shaky ground to rely on.
                        Allow tenants to protect their own deposits. I want free money when they do it wrong

                        Comment


                        • #13
                          True. It's obviously for L to prove what he asserts, but this thread is advice to him on the assumption that he is not lying to us.
                          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                          4. *- Contact info: click on my name (blue-highlight link).

                          Comment


                          • #14
                            Originally posted by jeffrey View Post
                            Post #1 asserts that The tenant is not living in the property.
                            Yes I know, and obviously we assume OP is telling the truth. The point I was making is that if OP does not use s.8/s.21 procedure, how will he prove his case in the not unlikely event that the T lies and defends the claim on the basis that he has not been given proper notice under HA1988? In the absence of OP providing very strong evidence that the AST is not an AST, the benefit of the doubt will be given to the T.

                            Comment


                            • #15
                              thank you to all who have contributed to this post.

                              I arranged to meet the tenants at the property and they both confessed to what they had done. I decided rather than having me to get them out what if i got them to say they were going to leave.

                              They agreed to sign a 6 week notice, which I wrote whilst arguing about what they had done, to leave the premises at the end of the AST on 24th July. The notice that I wrote out also stated that they were respsonible for getting out the subletees. The notice also stated stated that the property must be put back to its original condition. I created two exact copies and both tenants signed and dated.

                              Do you think this could be the end of it or shall I still send out a s.21 or s.8?

                              Comment

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