Tenants Have Sub-let a room without permission - now they are having problems

[Ian999]

HI,

Hoping someone can give me some advice on my situation. I have rented my property out to a lady for about 1 year now. She has not caused any problems and has been a good tenant. However, a few weeks ago she decided she wanted company in the house and sub-let a room in the house without my permission. A week into the sub-let she has decided its not working out and confessed to me about the sub-let apologising and saying she was supid to have sub-let. She did not previously know the people she has sublet to nor did they come recommended - it seems she just picked a random couple. She did not sign any tenancy agreement with them or any legal documents. She has taken rent from them but has not provided any reciepts.

Anyway, she is saying she is having problems and has asked to see if I can help. I stright away sent her a letter saying that she was in breach of her tenancy agreement and if she did not get the people that have sub-let to leave immediatly I will take further action.

She showed this letter to the them and they initally agreed that they would leave once they find somewhere else to live. Its been 2 weeks and my tenant now says that she does now believe they are looking for somewhere else and are quite content on staying where they are. The female (out of the couple) even told the tenant that they could stay int he house rent free for 9 months if they like (I assume beacuse there is no tenancy agreement or something)

The rent that she is chargin them is so cheap I dont blame them for not wanting to leave (considering the current financial cimate) - but I suppose that also backs up my tenants story of only sub-letting to get some company rather than to make money.

Anyway, I want to try and help my tenant out and dont want to lose her but I definatley do not want the property sub-letted - can anyone advise how I could go about getting these sub-let people out?

I would really appreciate any help

Thanks

[Mars Mug]

I think the relationship of the sub-let tenants to your tenant is as lodgers, and can be removed quite easily in that case.

[Ian999]

Thanks for the response - could you let me know how.

Does the fact that she has accepted rent from them not create some sort of tenancy agreement betweent them?

Thanks

[jeffrey]

Also, a very-low rent makes even a tenancy fall outside the Housing Act 1988: http://www.statutelaw.gov.uk/legResults.aspx?LegType=All+Legislation&title=Housing+Act&Year=1988&number=50&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&TYPE=QS&NavFrom=0&activeTextDocId=2128236&PageNumber=1&SortAlpha=0
See paragraphs 3/3A/3B/3C of Schedule 1 to the Act.

[Ian999]

Hi,

Thanks for your responses. I think Im being a bit dim and not understadning this properly.

I would appreciate it if someone could give me a full explanation of how I can get these people out - appologies again if it sounds a bit obvious but I'm really not getting this

Thanks

[jeffrey]

1. You let to T.
2. She seems to have:
a. continued living in part; and
b. sub-let the remaining part to subT.
3. Between you and T, you have rights to end her tenancy. Read-up about s.8 and s.21 of the Housing act 1988.
4. Between T and subT, it's probable that T is subT's resident landlord. If so, subT has either only a licence (= as lodger) or an excluded tenancy.
5. It's up to T to eject subT; you cannot.

[islandgirl]

As I understand it (not having been in this situation but reading a lot about it here!) your tenant has only to give her tenant written notice of a reasonable period (say one week or 14 days). At the end of the time they must go. Your tenant can change the locks after this time if she wishes and there would be no legal issues. You would of course have to return their things. Am I right?

[westminster]

Hi,

Thanks for your responses. I think Im being a bit dim and not understadning this properly.

I would appreciate it if someone could give me a full explanation of how I can get these people out - appologies again if it sounds a bit obvious but I'm really not getting this

Thanks
You can only take action in terms of evicting your tenant.

Your tenant is the couple's landlady, therefore she has to be the one to evict them. As others have pointed out, the couple are lodgers a.k.a. 'excluded occupiers'. This means they are excluded from the laws which protect other types of tenants from eviction.

What your tenant needs to do is to give the couple reasonable notice to quit - there is no exact definition of reasonable, but say, for example, that they pay rent weekly, it would be reasonable for your tenant to give them a week's notice.

After the notice has expired, if the couple do not leave voluntarily, your tenant can change the locks while they are out and refuse them readmittance. It would be advisable for your tenant to have a witness stay with her for at least 24 hours after changing the locks, in case there is any trouble when the couple return (and call the police if things turn nasty). Your tenant should pack the couple's belongings ready for collection, and take them outside to hand them over - she should not let them inside to collect.

N.B. I again emphasize that it is your tenant who must do all this, not you.

See also this weblink for further info:
http://england.shelter.org.uk/get_advice/eviction/eviction_of_private_tenants/the_rules_by_tenancy_type/eviction_of_excluded_occupiers

[Ian999]

Got it - Thanks everyone:D