Tenant has sub-let a room – help!!

Tenant has sub-let a room – help!!

21:53 PM, 9th March 2015, About 10 years ago 23

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We own one BTL property which we have rented to a couple for the last two and a half years without any problems – rent has always been on time, property maintained very well etc. Initially it was a one year contract which has just rolled on. Tenant has sub-let a room

Within the last couple of days it has come to my attention that the joint tenants have split up and that the lady has actually already moved out. Not wanting to move, but unable to cover the rent and bills by himself, my remaining tenant has then without my permission sub-let the bedroom and he has moved all of his belongings into what was the living room. This has apparently been the situation for the last few weeks.

I am most unhappy about this situation and plan to serve the relevant notices for him to officially move out. My tenant has apologised for the situation that he has created and has offered to move out quickly if convenient to me. The issue therefore lies with the additional person that he has rented a room to. Apparently, no tenancy agreement has been signed and no deposit has been taken and no locks have been fitted to any internal doors. This person is however refusing to move out without 2 months notice.

Can anyone offer any advice as to what would be the best way for me to now proceed?

Thanks in advance

Claire


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Mandy Thomson

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8:26 AM, 11th March 2015, About 10 years ago

@Mark - yes, you're right - if the tenant/lodger landlord moves out, but the lodger doesn't, and the head landlord tolerates that person living there, they may then be able to argue that they have a tenancy.

I also meant to add that a lodger's deposit doesn't need to be protected in the same way as a tenant's, but it should of course be returned at the end of the let unless damage has been caused or rent is owing.

@Claire it looks like the lodger is unaware of the difference between his legal rights as a lodger and those of a tenant, as he is expecting 2 month's notice. There is a useful tenancy checker tool on the Shelter website that quite clearly shows the difference between a tenant and an excluded occupier - which is the category lodgers fall into. Perhaps your tenant and his lodger could look through it?

However, having said all that, if the lodger is behaving properly and paying his rent, as others have suggested in your place, I would say that provided he passes a tenancy check, he can stay, as until this episode you did have a good tenant, and his lodger's rent is enabling him to pay your rent.

claire bur

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15:04 PM, 11th March 2015, About 10 years ago

Thanks to everyone for your comments. It is much appreciated.

In answer to one of the questions raised, I would have had no objection per se to my tenant renting one of the rooms to enable him to continue living in the property as he has been a really good tenant.

However, the reason that all of this came to my attention is because I was contacted by the housing association who I lease the flat from to say that they had received complaints of anti-social behaviour coming from the property- specifically, loud music and smoking outside the flat in the communal area which is not allowed.

Mark Alexander - Founder of Property118

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15:47 PM, 11th March 2015, About 10 years ago

Reply to the comment left by "claire bur" at "11/03/2015 - 15:04":

Hi Claire

Just make sure the lodger is long gone BEFORE your tenant and you will be OK. If that doesn't happen, whatever you do, don't accept any money from the tenant, otherwise a default tenancy will commence and it will be 6 months before you can evict under section 21.
.

Ian Ringrose

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16:08 PM, 11th March 2015, About 10 years ago

Also don't accept any money from the lodger!!!!

Mandy Thomson

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16:36 PM, 11th March 2015, About 10 years ago

Hi Claire,

I hope this works out for you. Assuming your tenants' neighbours aren't the kind of people who raise complaints about isolated incidents, it sounds like the lodger's behaviour has been way out of order, in which case, your tenant might well be justified in asking him to leave within one or two weeks, and he has evidence of the misconduct in the form of the neighbours' complaints.

Hopefully, this will be a lesson to your tenant and in future he'll be a lot more careful in selecting a lodger - it's particularly important that they pass tenant reference checks, not least because they're actually living in your home. The lodger must also share a similar lifestyle to the live in landlord and they need to agree on house rules before the lodger moves in.

Mark Alexander - Founder of Property118

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16:48 PM, 11th March 2015, About 10 years ago

Reply to the comment left by "Mandy Thomson" at "11/03/2015 - 16:36":

Hi Mandy

You have my permission to give your site a shameless plug and to post a link here 🙂
.

Mandy Thomson

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16:58 PM, 11th March 2015, About 10 years ago

Reply to the comment left by "Mark Alexander" at "11/03/2015 - 16:48":

That's very kind of you, Mark, but I'm sure Claire has already heard enough from me for the time being and anyone wanting more information about lodgers can google it 🙂 - my site does come up on the first page against a few topics.

Mark Alexander - Founder of Property118

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17:02 PM, 11th March 2015, About 10 years ago

Reply to the comment left by "Mandy Thomson" at "11/03/2015 - 16:58":

Hi Mandy

That's very noble of you, I've just Googled "Lodgersite" and there you are 😀
.

Mandy Thomson

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17:50 PM, 11th March 2015, About 10 years ago

Reply to the comment left by "Mark Alexander" at "11/03/2015 - 17:02":

Ha, ha - I would've asked if you'd added another letter to that but I think that brand of humour's best reserved for Property Investment Project!!

Robert M

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18:58 PM, 11th March 2015, About 10 years ago

Reply to the comment left by "claire bur" at "11/03/2015 - 15:04":

Hi Claire

If you are renting the property from a housing association, i.e. a registered social landlord (RSL), then they most likely receive public funds to provide social housing (rents subsidised by the taxpayer), so I'm surprised that they gave you permission to sub-let your property, i.e. run a rent to rent scheme. If a private landlord leases to you to do this then that's fine because no public funds are involved, but RSL's get subsidies (taxpayer's money) to provide social housing to people in need. (There are very few exceptions).

If you do not have express permission from the housing association to sub-let the property, then this could be an illegal sub-letting and you risk losing your tenancy/lease of the property and even a criminal prosecution. If you have the permission from the RSL (housing association) to sub-let, then of course all is legal and you have nothing to worry about, and may even wish to share the details with other landlords on here so that they may also benefit from leasing subsidised housing to sub-let.

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