Help, landlord is threatening to sue over a subtenant overstaying

Guest101

c88 wrote: »

There was a group of 5 of us renting a house in the UK . We signed a standard private agreement. The landlord gave us permission to sub let 2 rooms due to people moving out early. - Presumably Joint tenancy? What you have is not subletting. Really its far more likely they were your lodgers.

The tenancy was coming to an end and the sub tenant was given permission to stay PAST the expiry of the contract by the landlord against the will of the other housemates - Then the LL created a new tenancy with that person. As up until then it sounds like they were your lodgers. and then keeping the original tenants deposit even though he did not want the subtenant to stay longer. - On what basis? have you claimed that from the DPS? The landlord said he felt sorry for him so he let him stay on. He even signed up bills and internet in his own name so the subtenant would be comfortable. - Irrelevant.

The rest of the deposits were returned to us at the end of the contract (with some deducted for cleaning, even though it was cleaner than when we moved in) . The landlord told the lead tenant that the other housemates , except 2, had asked for the deposits to be returned to him instead of the lead tenant. This was not the case. - Confused, what do you mean? Is anyone missing their deposit??

The sub tenant then stayed on ( past his agreed term with the landlord) without the landlords permission. The landlord was forced to put the subtenant up in a hotel for 3 weeks before the new tenants moved in. - That is the landlord's problem. Should always follow correct eviction procedure. The LL is lucky the tenant doesn't sue him!

He then kept the original tenant of the rooms deposit even though he had not deducted it from the DPS and they told the landlord they did not want the deposit to be released to him or the subtenant to stay in the room. - This is getting confusing. Now we are getting emails from the landlord saying he has had legal advice and is going to sue us unless we pay him some money back over £600. - hahahahahaha on what basis??

Can he do this? Is the tenancy now over or has he a claim against us? What about the fact he gave permission for the subtenant to stay past the expiry of the contract? And he didn't deduct the money from the DPS ?

Any help would be most appreciated.

I'm confused about the problem here.


Can the LL go to court - of course, anyone can. Will he win? - Not likely, as long as you turn up!


As for deposit, when Tenant 1 and 2 moved out early and were replaced by lodger 1 and 2 - did the lodgers not pay the tenants who were leaving their deposit back??

bouicca21

I'm still thinking this was an HMO, and that it is worth checking with the local council about licensing requirements. 5 tenants is suggestive of a large HMO - was the house three stories?

If it should have been licensed then OP is in a strong position.