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06-02-2019, 10:45   #1
pjackson
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Tenants sublet house without permission

I rented a house to a couple in January 2018. The rent has been paid on time and the house is being kept well. However I have just discovered that the couple brought 2 additional people into the house a number of months ago. My belief is that they intended to do so from the outset as the rent was not sustainable for them. At the time of letting the house, I asked the couple whether the rent was affordable and they indicated that it was. So they are in breach of the lease. My thinking on the next steps is to meet with all 4 people in the house and to indicated that I want to regularise the situation with all parties signing a new lease. I believe one of the tenants (a student) may leave in May when his course finishes and I am thinking that from that point, I will tell them that I want a maximum of 3 in the (3 bedroom) house. My original ideas was to get 3 professional people sharing the house.

Any advice would be appreciated particularly from anyone who may have had a similar situation as a landlord.

Thanks in advance.
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06-02-2019, 11:17   #2
Anthonylfc
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tell them the maintainance agreement was for 2 people not 4 so they must foot the repairs . wear and tear
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06-02-2019, 11:28   #3
ArthurG
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.... The rent has been paid on time and the house is being kept well.....
How much of a stink do you want to kick up given this?
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06-02-2019, 11:32   #4
cruizer101
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I kind of agree with ArthurG if they are paying the rent and keeping the house well you may not want to do too much.
If you set up a new lease with each of the tenants you are having to deal with different people and it could be more hassle.
I can understand you wanting some more rent as there is more wear and tear on the house mind.
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06-02-2019, 11:44   #5
ProjectMoose
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I think it is very wrong when landlords have to tiptoe around tenants that are breaking their lease conditions.

As a matter of interest, how did you find out they had allowed two additional tenants live in the house?
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06-02-2019, 12:38   #6
Doop
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tell them the maintainance agreement was for 2 people not 4 so they must foot the repairs . wear and tear
What document is this? and who has a copy?
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06-02-2019, 12:57   #7
The Student
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The tenants are in breach of their lease. There is double the wear and tear on the fixtures and fittings. I would advise them that the sub tenants need to move out.
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06-02-2019, 13:00   #8
.......
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Does your insurance cover 4 people or only the original 2?
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06-02-2019, 13:14   #9
pjackson
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Thanks for the responses. 'Re the question as to how we found out about the extra tenants met them on an annual boiler service. Insurance is OK I think - doesn't specify the number of tenants. I think I will go with telling them that we need to get to 3 people in the house but given them till May June to do so.
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06-02-2019, 13:25   #10
crkcvnirl
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extra tenants

Assuming you've named the 2 tenants on the original lease they are then in breach of that lease. You can....

1) Serve a termination notice.
2) Have them all sign a new lease, update the RTB details, move on and make regular inspection visits every 2 or 3 months.


Best of luck.
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06-02-2019, 13:28   #11
Wheres Me Jumper?
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tell them they are in breach of their lease.
tell them you intend to double the rent, if they wish to stay. give them a few days to decide.
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06-02-2019, 13:36   #12
crkcvnirl
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tell them they are in breach of their lease.
tell them you intend to double the rent, if they wish to stay. give them a few days to decide.

We'd all love to be able to double rental income, but this is not great advice. Especially if the property is in a rent control zone, it would be just a little illegal!!! Tenants can make a claim and get overpayment and a possible additional payment back from the LL.
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06-02-2019, 13:43   #13
Always Tired
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tell them they are in breach of their lease.
tell them you intend to double the rent, if they wish to stay. give them a few days to decide.
yeah except then the landlord would be in breach. the tenants breaching the lease doesn't give him carte blanche over the situation. he can't raise the rent on the two that are there. he can insist that the non signed tenants move out or get them to sign up to a new lease. if he wants to charge double then it's basically costing the original couple the same as before so maybe they can't afford it and all 4 move out.
then the LL would just have to readvertise it and do viewings again. if it gets rented to another couple the rent is going to have to be the same. so what's the point going nuclear and forcing them out when the rent is being paid on time?
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06-02-2019, 13:44   #14
Wheres Me Jumper?
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We'd all love to be able to double rental income, but this is not great advice. Especially if the property is in a rent control zone, it would be just a little illegal!!! Tenants can make a claim and get overpayment and a possible additional payment back from the LL.
he doesn't have to follow through, just threaten ie give them the option, pay more rent or get their buddies to move out.
no tenant likes the prospect of a looming rent increase, especially as they are currently breaching their lease agreement as is.
every time the postman calls ....!
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06-02-2019, 13:55   #15
crkcvnirl
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Assuming you've named the 2 tenants on the original lease they are then in breach of that lease. You can....

1) Serve a termination notice.
2) Have them all sign a new lease, update the RTB details, move on and make regular inspection visits every 2 or 3 months.


Best of luck.

Hi Pjackson
Run with above advise or similar and just ignore suggestions about threatening to up rent, that "nuclear" option does not exist.



Tenants that look after a property are worth keeping.



Best of luck.
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