Foreign Tenants Using House as HMO

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    #31
    Thanks for your input tenantsluvme, and red40.

    Totally understand were you are coming from tenantsluvme - how would i ever know, and to be honest, after chatting with the tenants it may have hit home to them already that there should only be the 2 of them - although I think that is probably being optimistic.

    However my fear is that if there was a fire, even though I totally agree that the liability should lie with the tenants who are sub letting effectively behind my back, I feel the law is such an ass against landlords in favour of tenants, that some archaic judge would find me somehow responsible.

    By getting the council involved, who have been really helpful, I feel it covers me totally, as they are completely independent. Added to which the tenants would probably take more notice of them than me.

    The worst I feel that could happen is that they end their tenancy in October. But this is no hardship as the property has always let well.

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      #32
      Originally posted by TenantsLuvMe View Post
      No. You've done as much as can be expected and the tenant can't claim they didn't know,
      However, I would send your letter by recorded delivery, quoting the recorded delivery reference number in the letter.
      This way, you can prove that the tenants received your notification should you need to do so.
      The problem with this suggestion is that tenants can (and do) refuse to sign for recorded delivery items, especially when they think it may be something 'official'.

      Better to send the same notice/letter twice from two different post offices and keep the free certificates of posting. That way, they could claim one letter went AWOL in the post, but they would struggle to convince anyone who questioned it that two went missing.
      'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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        #33
        Originally posted by TenantsLuvMe View Post
        Which is exactly what I told nessa, except the nonsense part about nessa could be in trouble if the council has "evidence" that nessa "knew" xyz, which is not possible and so I defy you to tell me how they could have this.
        It is not nonsense at all. It is perfectly possible that the council have kept a written note/record of the substance of Nessa's phone conversation with them, or even that the call itself was recorded (this should be made clear of course at the beginning of the call). Assuming Nessa did not ring anonymously for general advice (which does not seem to be the case), then the council already know that she has a problem property/tenants. Fortunately though it sounds as though they are keen to support her rather than pursue a witch-hunt.
        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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