aliceathome Posted December 30, 2010 Report Share Posted December 30, 2010 Hi there, I discovered just before Christmas that my tenants (who moved in end-March 2010) have been illegally subletting. They have been sleeping with their son in one bedroom and have let out the spare bedroom and the living room. Plus they have had a 'relative' sleeping in the dining room (didn't check the attic - for all I know they've got someone in there too). I have issued them with a Section 28 (thanks to this website for the info) requiring possession by 22nd February. A couple of questions... 1. I need to re-let the house. Is there any way I can get rid of the sub-letters early so that those rooms can be made good for viewing? 2. If I cannot remove the sub-letters can I get them to pay their rent to me? What is their legal standing anyway? 3. If the current "official" tenants decide to bolt early can I keep the deposit in lieu of the last month's rent? What's left of it after I've had to make good and clean obviously. 4. Anyone got any recommendations for good letting agents who cover London E7? Thanks in advance for any help! Link to comment Share on other sites More sharing options...
Mortitia Posted December 30, 2010 Report Share Posted December 30, 2010 Surely you mean Section 21 to get rid of your original tenants? Double check you got your notice correct with the dates. You can get rid of anyone not on the tenancy agreement immediately as they are classed at lodgers and have no right of tenancy. You can put their stuff outside in black bags and that is it. Sounds like you need to check the property regularly to make sure proper tenants do not let them back in. Be careful about re-decorating as your existing tenants may call this harrassment. I would wait until all have vacated. Do not take rent from the 'lodgers' or you are establishing a tenancy which will then need notice via Section 21. Where is the deposit -is it protected? If not protect immediately - and that means your Section 21 is invalid as you cannot issue Section 21 if the deposit is not protected. If deposit is protected then yes you can register a dispute with your protector and retrieve the necessary - tenants have to agree for this to be quick though. Mortitia Link to comment Share on other sites More sharing options...
aliceathome Posted December 30, 2010 Author Report Share Posted December 30, 2010 Surely you mean Section 21 to get rid of your original tenants? Double check you got your notice correct with the dates. You can get rid of anyone not on the tenancy agreement immediately as they are classed at lodgers and have no right of tenancy. You can put their stuff outside in black bags and that is it. Sounds like you need to check the property regularly to make sure proper tenants do not let them back in. Be careful about re-decorating as your existing tenants may call this harrassment. I would wait until all have vacated. Do not take rent from the 'lodgers' or you are establishing a tenancy which will then need notice via Section 21. Where is the deposit -is it protected? If not protect immediately - and that means your Section 21 is invalid as you cannot issue Section 21 if the deposit is not protected. If deposit is protected then yes you can register a dispute with your protector and retrieve the necessary - tenants have to agree for this to be quick though. Mortitia Hi Mortitia, Yes, I mean a Section 21 - am having a brain blip. The deposit is protected so the Section 21 is valid. I'm going over next week to check the property and will be making a weekly visit until the end of the notice period. Thanks for your advice! Alice Link to comment Share on other sites More sharing options...
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