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nonpaying tenant can I sublet a room?

veronicalondon
veronicalondon Posts: 1 Newbie
in House buying, renting & selling
Hi, the tenant does not pay as she steals the money from HB. I have served Section 21 and applied for possession order. I know she will only pay 3 months rent outstanding if her life would be made uncomfortable. Otherwise she will move out and pay me £5 per week for £3000 owed so far. with current landlord/tenant and harrassment laws there is not much I can do. However, can I move somone into her flat either subletting or without him paying a rent? She violated her TA by not paying but I can't move her out other than through bailiffs. However, as she does not pay technically I can move in somebody else (provided he is willing to move in with her, I have a friend who had agreed). If this is legal (moving a new tenant in who pays for a room only or moving a friend in on non-paying basis)? Please let me know! Because if it is, then she would pay up and move out, I know this. Would be grateful for your answers. As for double rent, I have read that it was only possible if the tenant serves a proper notice and then changes his/hers mind. However, on this forum I have seen the advice to charge double rent when the landlord serves the notice :) which is incorrect. Therefore, please, if you think my subletting/free room is legal, refer me to the relevant legislation, if possible. Big thanks!

Comments

  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    No, no, no, no, no.
    It's not legal.
    You can't do it.
    No.
    And then, no.
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    No, that would be classified as harassment and will probably land you in hot water particularly if she knows how to play the system.
  • SerialRenter
    SerialRenter Posts: 611 Forumite
    Part of the Furniture 500 Posts Photogenic Combo Breaker
    You have granted the tenant exclusive possession of the property. Moving someone into the house would certainly be harassment. So i'm afraid you'll have to wait for the S21/court action to pan out.
    *Assuming you're in England or Wales.
  • RAS
    RAS Posts: 36,154 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Have you contacted the Council and ask if they will pay the remaining LHA direct to you?
    If you've have not made a mistake, you've made nothing
  • phill99
    phill99 Posts: 9,093 Forumite
    Part of the Furniture 1,000 Posts
    OP: you should not be a landlord.
    Eat vegetables and fear no creditors, rather than eat duck and hide.
  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You could well be a landlord working from prison if you start 'making life uncomfortable' for her.


    And rightly so......
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    PasturesNew wrote: »
    No, no, no, no, no.
    It's not legal.
    You can't do it.
    No.
    And then, no.
    I have to disagree with this response.

    It is not emphatic enough.

    NO.

    :naughty:
  • Kynthia
    Kynthia Posts: 5,692 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I'm assuming that your tenant has a contract (verbal or written) to rent the whole property and not just a room in the property? If so then you have absolutely no right to move someone into their home. Why have you not served a section 8 too as you can apply for a possession order quicker?
    Don't listen to me, I'm no expert!
This discussion has been closed.
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