Foreign Tenants Using House as HMO

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    Foreign Tenants Using House as HMO

    Please can anyone help.

    Recently I paid a visit to a property that I let to 2 foreign ladies. Found 6 camp beds in the property. Sent them a letter to say there should be only 2 people living there, and that I was going to inspect the property again to ensure this was being adhered to. When I visited again, this time there were 4 camp beds. The tenant (whose English is not good) said there were the 2 tenants living there and 1 guest - yeah right.

    How do I deal with this? They seem to be looking after the place, and pay the rent on time, but I cannot let them continue to use the house as a HMO.

    Any advice would be much appreciated.

    #2
    Depnding on the size of the property, there may be overcrowding issues, in which case the council may be willing to get involved. http://www.barrowbc.gov.uk/pdf/LIPC170706.pdf

    Otherwise, these people are 'lodgers' or 'excluded occupiers'. I am pretty sure they do not make the property a HMO, although I could be wrong. You have given them no tenancy rights so if you ever needed to evict, they would be removed at the same time.

    What they do do is pay your tenants money - which should help keep the rent coming in to you

    If at the end of the tenancy, the wear and tear is higher than would be expected for 2 people - then it can be resolved through the deposit.

    Comment


      #3
      Originally posted by nessa View Post
      Please can anyone help.

      Recently I paid a visit to a property that I let to 2 foreign ladies. Found 6 camp beds in the property. Sent them a letter to say there should be only 2 people living there, and that I was going to inspect the property again to ensure this was being adhered to. When I visited again, this time there were 4 camp beds. The tenant (whose English is not good) said there were the 2 tenants living there and 1 guest - yeah right.

      How do I deal with this? They seem to be looking after the place, and pay the rent on time, but I cannot let them continue to use the house as a HMO.

      Any advice would be much appreciated.
      When did/will the fixed term expire?
      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


        #4
        Thanks for you kind reply Snokerz. I have read the attachment - thank you for that too. The house basically has 2 double bedrooms, and a single bedroom. The camp beds are 2 in one of the double bedrooms, 1 in another double bedroom, none in the single, and 1 in the lounge, complete with wardrobe!!!! So when I last visited, it was within the criteria for not being over crowded, though god knows, whether men & woman share the same room (there are some things you are best not knowing).

        I was going to write them a letter, saying something along the lines that I have explained there should only be 2 people living there, and will evict if I find there are more, because they are in breach of the tenancy agreement, and may be breaking fire & health & safety regulations - though how I will ever know who exactly lives there I am not sure.

        DO you think I should send this letter? In short, what do I need to do to make sure everything is legal, and above board?

        Many thanks

        Comment


          #5
          Can you tell us what clause in the tenancy agreement she is breaching by having more than 2 people in there (ie the exact wording).

          Also, can you answer the following..

          When did the tenants move in,
          How long is / was the contract for
          Has there been a subsequent contract
          Was a deposit paid
          Did you protect the deposit
          Is the rent less than £2083 per month?
          Is the property in England/Wales

          Comment


            #6
            Jeffrey - the AST is for 6 months

            Can you tell us what clause in the tenancy agreement she is breaching by having more than 2 people in there (ie the exact wording). - 'not assign, underlet or part with or share possession of the whole or any part of the property without the permission of the Landlord, such permission not to be unreasonably with held.

            'Not permit any visitor to stay for a period of more than 3 weeks within any 3 month period' - well who knows whether this is being breached or not.


            When did the tenants move in, - 16 April
            How long is / was the contract for - 6 months
            Has there been a subsequent contract - no
            Was a deposit paid -yes
            Did you protect the deposit - yes
            Is the rent less than £2083 per month? - yes
            Is the property in England/Wales -yes


            I am not bothered about who they have in the property, as long as they look after it, and pay their rent. My problem is that now I am aware of what is going on - what are my legal responsibility as landlord, and do I have an oligation towards health and safety in this situation?

            Comment


              #7
              So it's a letting for six months beginning on 16 April (and therefore not ending until/inc. 15 October).
              As T clearly ignores the AST's rules, I'd serve the s.21(1)(b) Notice now and gear-up for possession proceedings.
              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


                #8
                Thanks for your reply Jeffrey.

                I issued a s21 at the start of the tenancy, however I think I can also issue a s8.

                Is coming down this heavy my only alternative, as I say, they pay their rent and look after the property, I just feel they are putting me in a difficult position by having so many people in the property, in that the council may fine me? Or worse still if anything happens to any of them, I will be held liable.

                Comment


                  #9
                  Originally posted by nessa View Post
                  I issued a s21 at the start of the tenancy
                  Was the S21 issued after you had protected the deposit?

                  Comment


                    #10
                    Hi Mrs Mug

                    It was done on the same day

                    Comment


                      #11
                      Originally posted by nessa View Post
                      It was done on the same day
                      Was the S21 issued on the same day that you protected the deposit, or on the same day that the tenancy started?

                      Comment


                        #12
                        Tenancy started on 16 April, deposit was protected on 16 April,and s21 is dated 16 April

                        Comment


                          #13
                          Originally posted by nessa View Post
                          Tenancy started on 16 April, deposit was protected on 16 April,and s21 is dated 16 April
                          I don't think that you're S21 is valid. I think if you had issued it on 17th April it would have been ok, but not if it was issued on the same day.

                          One of the other members will correct me if I'm wrong.

                          Comment


                            #14
                            Hi Mrs Mug

                            My understanding was that notice can be served on a tenant at any time during the fixed term of the tenancy (but not before the fixed term begins) provided that the tenant receives a minimum of two months' notice.

                            Can anyone advise?

                            Comment


                              #15
                              Originally posted by nessa View Post
                              My understanding was that notice can be served on a tenant at any time during the fixed term of the tenancy
                              But after the deposit has been protected and the tenant supplied with the prescribed information.

                              The problem with doing everything all on the same day is a matter of timing. What was the exact time the tenancy began?, what was the exact time that the S21 was served? and what was the exact time that the deposit was protected?.

                              If the S21 is served the next day, it was served after the tenancy began and the deposit was protected.

                              Comment

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