Tenant has sublet without permission

[fresh to the market]

I'm hoping somebody can help me.

I found out today that the boyfriend and girlfriend I let my property to split up within the first month and that she moved out and he immediately moved his brother in and has been sharing the house with him.

This information came from the brother contacting me, not either of the original tenants. His brother (my tenant) had injured himself and only paid half the rent this month as he was going through a claim for housing benefit because he can't work until he is fit enough. The brother called today to say the second half will be with me soon as his brothers HB claim had been paid and he could now pay his half. In theory of course I could demand the rest of the payment from the ex-girlfriend if I needed to as the agreement was also with her.

In the tenancy agreement there is a clause stating that the tenants are not allowed to sublet any part of the propery so I am covered there if I want to kick up a stink.

My question is, given that it is within the first 6 months, what are the implications? Should I keep the agreement as it stands or look to have a new agreement drawn up for just the original tenant and turn a blind eye to his brother being in there? Or get the brother credit checked too and then draw up a new agreement for the both of them? Or just keep the agreement the same, turn a blind eye to the brother being there on the basis that I'm still getting the rent and then change the agreement after the initial 6 month period is up?

Also what happens about the deposit? Neither one of the original tenants have informed me about the changes but as I now know I want to make sure I am going to be doing the right thing

[westminster]

Originally Posted by fresh to the market

I'm hoping somebody can help me.

I found out today that the boyfriend and girlfriend I let my property to split up within the first month and that she moved out and he immediately moved his brother in and has been sharing the house with him.

It's not subletting. The brother is there as the tenant's lodger. The tenant can evict his lodger-brother easily, and the lodger has no rights or any contract with you. Don't accept any rent direct from the lodger to avoid any future confusion.

My question is, given that it is within the first 6 months, what are the implications?

If the rent is being paid, I'd probably keep the contract as it stands. Any rent arrears and you can claim against either of the original tenants - girlfriend or boyfriend. I'd probably write to the tenant too and say you are aware he has a lodger but he and girlfriend remain liable for rent, just so as he is aware. If the lodger-brother wants to be the new joint tenant then obviously credit check him before issuing any new agreement to the two of them.

Also what happens about the deposit? Neither one of the original tenants have informed me about the changes but as I now know I want to make sure I am going to be doing the right thing

The original tenancy with girlfriend/boyfriend remains in place, regardless of her having moved out. When that particular tenancy ends, whether that's when the boyfriend-tenant moves out, or whether it's when you issue a new tenancy agreement with boyfriend-tenant/lodger-brother, then at that point return the deposit to girlfriend and boyfriend. If you issue a new TA with BT/LB then get them to pay a new deposit and protect it for the new tenancy.

[Preston]

Hi

I agree with Westminster's advice except that it wouldn't worry me accepting rent from the brother. Just receipt it and make it clear that it is payment against the original tenancy.

Also, don't forget that before a new tenancy can be created the old one must be ended. If a new agreement is eventually issued in the names of the two brothers, the original tenancy must first be ended by, for example, a valid written notice to quit from one of the original tenants.

Good luck

[fresh to the market]

Many thanks to both of you