Can T insist that L allow his wife to move in?

[rugbyroom]

Dear Forum,

I have an HMO which I'm allowed 8 tenants in, and at present that how many I have.

The problem I have is that a new tenant, who is already causing so many problems, wants his wife to now live with him.

I have explained that by doing so would make him in breech of his tenancy agreement, which he has not signed nor refuses to sign, as he keeps explaining that he will be leaving in a week or so.

I don't want him in the property, and was wondering can I serve him a section 8 if he brings his wife into the property to live, and this would make me in breech of my HMO License I have with the council.

Thank you

[jeffrey]

Does each of the eight have an individual AST for one room, with joint use of common facilities?

[rugbyroom]

Yes each tenant has there own AST for their bedroom, with joint use of living room / kitchen and bathrooms.

[jeffrey]

Yes each tenant has there own AST for their bedroom, with joint use of living room / kitchen and bathrooms.
Ok. You told us that the new T


has not signed [and] refuses to sign [the tenancy agreement], as he keeps explaining that he will be leaving in a week or so.

I don't want him in the property, and was wondering can I serve him a section 8 if he brings his wife into the property to live
If he admits her, in breach of obligations to you as L, yes- you could serve him with Notice under s.8 [ground 12 re non-rent obligations].
However, that ground is only discretionary; so the Court would then need to decide if it's reasonable to award possession.
Moreover, he has not signed the Agreement. How can you prove what his present obligations are?

[rugbyroom]

My problem is that he asked someone else to find him a room, that person paid his deposit and took keys for property, as the tenant was arriving in early hour of the morning, and explained that he would sign tenancy that morning.

The problem is, that he refuses to sign tenancy but now wishes wife to move in, but at same time is wanting new carpet or laminate flooring put down. I can't allow more than 1 person per room, as its in breech of my HMO License with council.

[mind the gap]

My problem is that he asked someone else to find him a room, that person paid his deposit and took keys for property, as the tenant was arriving in early hour of the morning, and explained that he would sign tenancy that morning.

The problem is, that he refuses to sign tenancy but now wishes wife to move in, but at same time is wanting new carpet or laminate flooring put down. I can't allow more than 1 person per room, as its in breech of my HMO License with council.

The fact that he has moved in suggests you have granted him a tenancy, whether or not he has signed the contract. All you can do, if reasoning with him fails, is require possession as soon as legally possible. Issue a section 8 notice on grounds of non-rent breach and a section 21 as a back up - but be aware that this cannot be followed up with an application for a court order for possession before the end of the sixth month of his tenancy. If he has paid a deposit, have you protected it?

it may also be worth pre-empting any action by the HMO licensing dept of your council, by informing them of the problem and assuring them you are doing all you can to remove the T and his wife, and asking if there is anything they can do to assist I'm not sure if there is). In the meantime, if one of the other seven leaves, I would advise you not to re-let their room until after the couple have left - then at least you will not be accused of allowing overcrowding (which is a risk at the moment).