Tenants might be subletting

twink1108

Hi all

I have new tenants in my 2 bed flat (1double, 1single), and had a problem with the kitchen sink which required a plumber. The plumber informed me that the bedrooms in the flat were 'full of beds' and there were lots of children in there.

As far as we are aware, the tenants consist of a couple with their baby. However the double bedroom is apparently full with about 4 beds, and the single has a mattress on the floor.

Can anyone offer advise on the best way to approach this - where do I stand with checking up on the situation? I am aware that they need 24 hours notice but would guess that if they are subletting, they would hide any evidence in this 24 hours.

If they simply have family staying, are there any guidelines on how long they can stay for without this being considered subletting/breaching tenancy contracts, or is this down to my discretion?

Thanks in advance.

Pixie5740

Presumably you'd given 24 hours notice before the plumber entered the property and the tenants made no effort to hide the extra beds then so if you arrange an inspection they might not hide the beds after all.

twink1108

Pixie5740 wrote: »

Presumably you'd given 24 hours notice before the plumber entered the property and the tenants made no effort to hide the extra beds then so if you arrange an inspection they might not hide the beds after all.

The plumber went in as somewhat of an emergency, so he turned up as soon as he could, within about an hour of me calling him.

stator

Simple answer, ask the neighbours

Pixie5740

Just send a letter saying that you are going to inspect the property on such and such a date. Then go and inspect it and whilst you're there ask the neighbours.

Even if they do try and hide the extra beds there would still be signs of too many people living in the property.

You want to nip this in the bud before the council gets wind of it or there's a tragic accident.

Have a read of: Tenant Subletting Property.

Marktheshark

Is it on the ground floor ?

HappyMJ

twink1108 wrote: »

Hi all

I have new tenants in my 2 bed flat (1double, 1single), and had a problem with the kitchen sink which required a plumber. The plumber informed me that the bedrooms in the flat were 'full of beds' and there were lots of children in there.

As far as we are aware, the tenants consist of a couple with their baby. However the double bedroom is apparently full with about 4 beds, and the single has a mattress on the floor.

Can anyone offer advise on the best way to approach this - where do I stand with checking up on the situation? I am aware that they need 24 hours notice but would guess that if they are subletting, they would hide any evidence in this 24 hours.

If they simply have family staying, are there any guidelines on how long they can stay for without this being considered subletting/breaching tenancy contracts, or is this down to my discretion?

Thanks in advance.

Subletting is in return for payment...same with having a lodger.

However, if it's family staying over that's not actually subletting or having a lodger.

I would be wary of ending a fixed term tenancy early. Just issue a Section 21 notice requiring possession at the end of the fixed term and let them explain. You don't need to enforce the S.21 it might just get them thinking they can't have half a dozen occupants.

theartfullodger

Grass them up to HMRC (google HMRC fraud) & DWP if they are in receipt of any relevant benefits (eg HB. CTC, WTC, CTR...): Honest decent landlords pay tax on income, why should any crook or cheat not (be they landlord, tenant, agent or MP)? .

If you think they really are, write (yes, WRITE! - keep copy) to tenant, copy council, stating suspected overcrowding (tenant & landlord can both be fined & get criminal record) and require them to cease: Include s21 & s8. You need to be seen by council taking steps to stop overcrowding.

http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/common_problems/overcrowding

twink1108

yes it is a ground floor flat.

They apparently are air beds, so Im guessing could potentially be packed away in minutes.

I will ask the neighbours - thank you.

It is also worth adding that I sent them an email to say that I need to be informed if they have people staying for an extended period of time. However I have not had a reply to my email, even after asking for them to reply to acknowledge receipt.

HappyMJ

twink1108 wrote: »

yes it is a ground floor flat.

They apparently are air beds, so Im guessing could potentially be packed away in minutes.

I will ask the neighbours - thank you.

It is also worth adding that I sent them an email to say that I need to be informed if they have people staying for an extended period of time. However I have not had a reply to my email, even after asking for them to reply to acknowledge receipt.

You don't need to be informed so they don't need to respond or even acknowledge receipt of your email.

I'm just saying be careful you don't antagonize them.

They are allowed to have overnight guests and those guests could stay for months. As long as they aren't paying guests and even if they were you'll find it difficult to prove then there isn't much you can do during the fixed term of the tenancy.

As far as overcrowding is concerned you can put 2 adults into each bedroom and even in the living rooms. A traditional 2-up 2-down terrace house is not overcrowded even with 8 adults living in the property. Each room must be more than 110 square feet.

Children under 10 count as half a person so you can have even more people if there's young children in a property....and babies don't even count at all.

see http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/common_problems/overcrowding

G_M

theartfullodger wrote: »

Grass them up to HMRC (google HMRC fraud) & DWP if they are in receipt of any relevant benefits (eg HB. CTC, WTC, CTR...):

Whilst I agree with the sentiment artful, I'm not sure how the OP can possibly know what benefits or income the tenants are claiming/receiving. And reporting them without knowing could be classed as harrasment, esp if combined with other actions.

Establishing definitively what's going on is the first step. I agree an inspection, plus chats with various neighbours, is the initial way forward.

Even if the beds are hidden away, there'll be indications about whether the property is suffering from extra residents. If it is being well looked after, is it in fact a problem if extended family, for example, have moved in?

You say "I have new tenants in my 2 bed flat..." When does the fixed term expire? If 12 months +, is there a Break Clause? In the event that it IS a problem, the easiest way to get rid is a S21 subject to timing/validity of course.