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Question

Entry and Refusal (England) | Landlord Wants Tenant to Leave (England) | Sub-letting and Assigning Tenancies (England)

Sub Letting / Visiting Family

28 Oct 2016 | 3 comments

We have a property that is 3 weeks into its AST.
It has become apparent that there are 7 adults staying at the property that was only let to two.
When questioned the tenants state that the other 5 adults are their family who will only be staying for two weeks time. (they have added extra beds to the property).
We asked to inspect again in two weeks to make sure that this is correct but the tenant is now saying that we cannot do that and they can stay for as long as they wish.
I have stated that they cannot sub let the property, that no other people can stay in the property (even for a two week period) without the landlords permission and that the ‘family’ must vacate within two weeks.
Am I correct to assume that I can issue a Section 8 notice on grounds of sub letting or over occupancy etc so bring the contract to an early end should they not comply ?

Answer

3 Comments

  1. guildy

    If the tenancy was done for 12 months then yes, it’s probably worth while taking the risk of a section 8. That would be on ground 12 (breach of tenancy) and you could possibly optionally add ground 17 (induced to grant the tenancy by a false statement) although with the latter, you would have to prove they knew they were all moving in at the time of the application and that they lied on your application form.

    However, ground 12 is discretionary and can be difficult to prove.

    Therefore, if you only did a six month tenancy, I think the section 21 – 2 months notice – would be the best route because you don’t have to prove anything other than the notice was served and is valid.

    Please see our notice wizard here.

  2. ebuutler

    A further update.
    The tenants have replied in writing that they have not and will not sub let the property.
    That the additional adults are their parents staying as the wife is pregnant and due to have a baby soon. The four parents will stay very often and for two months at a time.

    The tenants have also accused us of threatening and harassing them (by writing to them and asking these questions) and so putting at risk the health of the wife and unborn child. They have also suggested that by arranging regular inspections (due to the anticipated additional wear and tear of 6 adults) we would not be allowing them quiet enjoyment.

    With this in mind we cannot issue a Section 8 on the grounds of sub letting and so feel that a Section 21 notice (its a 6 month contract) is our best option.
    Your thoughts are the same as above I presume and if on a longer term basis that we would have to go for ground 12 (difficult to prove and given the circumstance unlikely to be upheld) or ground 17 but by this point the Section 21 would be in force.

    Thanks for your help.

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