AST - failure to contract

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    #16
    Originally posted by Snorkerz View Post
    NO, you would have the choice to either:
    Get a HMO license, or get your HMO license changed (if the property would then become a licensable HMO); or
    Refuse the tenancy to those people, and find some who could legally live there.

    That is assuming that changing the property from 4 to 5 people would make the property a licensable HMO. A HMO spread over 2 floors can sleep as many as you like - so long as it isn't in an area that the local authority has decided doesn't need additional licensing.

    The basic premise is that if the property is 3 storeys or more AND contains 5 or more unrelated individuals, then it HAS to be licensed. If it doesn't meet these criteria, it MAY still need to be licensed if it is in an area where the local authority have decided additional licensing is required - ie places where a surfeit of HMOs may become a problem.

    I am not 100% sure on this - so check it out if it is relevant to you - but I believe the penalty for a non-licensed (licensable) HMO is iro £10k with an additional £1k for any breach of the regulations (mainly safety related) that is found.
    If L let a property on an AST to 4 people and T genuinely moved a 5th in without their knowledge, what are the implications for L. Is 'not knowing' a defence, or a mitigation or is culpability the same as for an intentional breach of regulations? This happened to me a few times before the HMO rules came in but was virtually impossible to prove. e.g. one of the Ts would move their partner in, or someone would sleep in the lounge.

    (I don't let anything larger than a 2 bed these days!)
    Assume I know nothing.

    Comment


      #17
      Originally posted by Snorkerz View Post
      so long as it isn't in an area that the local authority has decided doesn't need additional licensing.
      For those with eagle eyes - this should obviously read

      so long as it isn't in an area that the local authority has decided needs additional licensing.

      Comment

      Latest Activity

      Collapse

      • Reply to Is my estate agent misleading me?
        by jpkeates
        The problem is that the agent isn't bound by the tenancy agreement, and what they do with the deposit depends on their agreement with you.

        As you can't do anything with the deposit anyway, because it's the company's money and they don't agree that you can have any of it, it's a bit academic...
        19-05-2022, 15:57 PM
      • Is my estate agent misleading me?
        by abimsalabim
        I am a Landlord and I have a company tenancy which has now come to an end. I did a check-in inventory before the tenant moved in and I have done a check-out inventory now that they have moved out, and there are damages to my property by the tenant. The deposit is being held by the agent and is not in...
        18-05-2022, 14:15 PM
      • Reply to What to do if joint tenants separate or divorce
        by jpkeates
        If the tenancy is joint and several, and it's in a periodic tenancy, one tenant can serve notice and that ends the tenancy for both of them. So you don't have to serve notice on anyone if you don't want to.
        That bit is simple.

        The issue you will then face is that neither of them or...
        19-05-2022, 15:51 PM
      • What to do if joint tenants separate or divorce
        by HMOmike
        I have a house rented on a standard AST to the same tenant since 2016. He has rented at other properties of mine on a single room basis for maybe 10 years prior and is a decent guy and very reliable. He is a Latvian and in 2017 he married a lady from Ukraine. He adopted his wife’s son and all 3 have...
        19-05-2022, 15:35 PM
      • Reply to Is my estate agent misleading me?
        by abimsalabim
        The tenant agreement states that the Landlord should hold onto the deposit until the dispute is resolved but, the agent is disputing this, claiming that they are the ones to hold onto the deposit as part of their Full Management Service...
        19-05-2022, 15:31 PM
      • Reply to Advice for tenant and section 8 counter claim
        by theartfullodger
        Sorry to read your story:

        What can be used to get judge to reduce alleged arrears (thus maybe chucking case out) if pointing out all the repairs the landlord should have made , assigning a value to them, and thus judge reduces "arrears|" by that amount. See from the experts......
        19-05-2022, 15:29 PM
      • Advice for tenant and section 8 counter claim
        by Forgetmeknot
        I wondered if anyone can tell me if it is possible to counter claim for damage, harassment, poss landlord breach in contract and emotional distress in a section 8 eviction.
        so basically I’ve read online that i can claim for compensation which will go towards reducing my rent arrears but my solicitor...
        18-05-2022, 16:30 PM
      • Reply to Advice for tenant asked for big rent rise
        by mokka
        I personally gave a landlord a Royal Mail PO Box for any further correspondence wanting to keep my new house purchase address private. I personally wouldn’t like tenants knowing my home address from a landlord perspective....
        19-05-2022, 15:19 PM
      • Advice for tenant asked for big rent rise
        by Renterthedragon
        I’m a tenant facing a sharp rent increase and in need of advice.

        I have a good landlord who agreed to a rent reduction last year because of ongoing maintenance issues and lower market values. However, I can only communicate with them through an agency.

        Approaching the end...
        18-05-2022, 22:10 PM
      • Reply to Advice for tenant and section 8 counter claim
        by AnilK
        Most of the above answers I agree with. I can add my experience as I am going through the Section 8 claim right now and seen 10 page defence and counter claims from expensive solicitor.

        Though solicitor added one line of stress/harassment, but never highlighted. He says it is different...
        19-05-2022, 14:39 PM
      Working...
      X