Tenant subletting without consent

Nobbie1967

What about the family getting their deposit back from your tenant?

ncooper1974

This was raised while I was speaking with the family and the police said that it is a civil matter, and that they (the family) can take the tenant to court if it is not returned

jjlandlord

Let me recap. So far your nice tenant:

- has sublet without consent,
- has been receiving rent from that family,
- has been receiving a deposit from that family (God knows what happened to that),
- has attempted illegal eviction and harassed that family,
- will get his deposit back.

I hope that, at least, everyone got the details of the police who attended and will contact the local authority to ensure he is prosecuted because at the moment he seems to be winning big time.

Reporting him to HMRC would also be a nice touch.

theartfullodger

As jj says - HMRC:
https://www.gov.uk/report-an-unregistered-trader-or-business

Wouldn't mind guessing he's not declared the extra income to the benefits authorities also...
https://www.gov.uk/report-benefit-fraud
(CTC, WTC, HB/LHA...)

ncooper1974

In respect of him getting his deposit back, I have spoken with the DPS about this and the only reason I can keep the deposit is if there is damage to the property, missing items or unpaid rent - all of which is not the case.
As much as I would rather transfer the deposit over to the family (in the event that I create a tenancy with them) I am duty bound to give him back his deposit

Also, in respect of him earning the extra income, he was only making an extra £30 a month on top of the rent he was paying me. Hardly seems worth it.
Furthermore, for the past 2 months he has been paying £100 a month extra to me on top of the rent he has been charing the family (as I increased the rent by £130pcm).

fairy_lights

What an absolute scumbag. So after subletting your property, telling you he was moving out and you discovering his subtenants, he then decides he wants to kick them out and get the property back for himself? He sounds like a complete nutcase.
I wouldn't give him a penny of his deposit back.

tripled

ncooper1974 wrote: »

Also, in respect of him earning the extra income, he was only making an extra £30 a month on top of the rent he was paying me. Hardly seems worth it.
Furthermore, for the past 2 months he has been paying £100 a month extra to me on top of the rent he has been charing the family (as I increased the rent by £130pcm).

He's trousered the 2 grand deposit.

SuzieSue

ncooper1974 wrote: »

Also, in respect of him earning the extra income, he was only making an extra £30 a month on top of the rent he was paying me. Hardly seems worth it.
Furthermore, for the past 2 months he has been paying £100 a month extra to me on top of the rent he has been charing the family (as I increased the rent by £130pcm).

No, he was making the full amount of the rent which needs to be declared.

stator

If he didn't register the deposit the tenants should sue for 3x the deposit back, that will teach him a lesson.

fairy_lights

ncooper1974 wrote: »

In respect of him getting his deposit back, I have spoken with the DPS about this and the only reason I can keep the deposit is if there is damage to the property, missing items or unpaid rent - all of which is not the case.

But surely moving out of a property and leaving a family of four living in it counts as damage!
When I've moved out of flats in the past the letting agency have said they will charge £50 for every bag or rubbish they have to remove if the flat isn't left clean and empty. Surely you could deduct a lot more for leaving four human beings behind?