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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My tenant asked me if they could move in their kids (from a

Customer Question

My tenant asked me if they could move in their kids (from a previous union) into our property which they share with another couple. We refused, but subsequently learnt they had already moved the kids in thus violating the tenancy agreement. Am I obligated to evict them or serve them notice?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Yes you can serve a section 8 notice as the tenancy has been breached

Alex Watts :

If they do not rectify the breaches then you can issue proceedings for possession.

Alex Watts :

You would need to complete form N5

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n005-eng.pdf

Alex Watts :

The Court would list the matter for hearing and decide whether to give possession

Alex Watts :

If the Court does and they refuse to move then you can get bailiffs to evict

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

OK so I was just editing my question while your response came in (that was quick!) - please allow me to clarify...

Alex Watts :

Ok

Customer:

There are 2 couples in the apartment (not married); one of them has now moved in his kids (3 kids - aged 14,9,7) - we don't know if they are in school or not (they are Polish). When they asked us if the COULD move the kids in, they essentially lied to us - since we subsequently learnt the kids had already moved in. That makes 4 adults + 3 kids now living in a 3 bedroom+1 living room flat. Question is, assuming they continue to pay rent, are we obligated to serve them notice to evict? i.e. would we be in violation of any law if we did NOT serve notice to evict? Our property does not have additional licensing as an HMO.

Alex Watts :

You must get a Court order.

Alex Watts :

That is a legal requirement otherwise you can be sued for an unlawful eviction

Alex Watts :

You MUST MUST MUST get a Court order

Alex Watts :

Does that clarify?

Customer:

I meant - what if we did not choose to evict them....? would we then be violation of any law?

Alex Watts :

No not at all

Alex Watts :

If they stayed then legally there is no issue

Customer:

But wouldn't the number of people living in the flat an issue?

Alex Watts :

Well that is a matter for the Local Authority.

Alex Watts :

It would not be illegal as such as it breaches an Act.

Alex Watts :

But the Local Authority may have specific policies and regulations on maximum occupancy

Customer:

you mean such as licensing our property as an HMO?

Alex Watts :

Indeed.

Customer:

How would I best determine the next course of action?

Alex Watts :

The next thing would be to contact the Council

Customer:

OK, thank you.

Alex Watts :

They can advise as to local regulations and occupancy limits

Alex Watts :

Can I clarify anything else for you today please?

Customer:

No, I think you did well. Can I save this chat for future reference?

Alex Watts :

Yes, once you rate then the format changes and you can come back to it at any time or copy and paste.

Alex Watts :

If this does answer the question if I could invite you to rate the answer, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Ash and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi, I needed to ask some follow-up questions as there have been some developments in my case.


 


Upon checking with the local council, they have responded indicating that my property is exempt from HMO licensing - so I am covered to have 4 adults living in my property (as per the existing tenancy agreement). However, I do not wish for additional tenants to be living there (such as one of the couples' partner's 3 kids - whom he has already moved in without my consent).


 


A) Is this alone sufficient grounds as a breach of contract for me to issue them notice to leave?


 


Meanwhile, this guy has started making life difficult for the other couple in the property - causing them to want to be moving out. My questions are around what options I have if they wish to do so.


 


a) Can they give me notice of wanting to move out? (My tenancy agreement has a break clause only after 18 months - its a 24 month contract). I understand they are still responsible for the rent - so what would I do if they said they wanted to move out?


 


b) Am I obligated to return a portion of their deposit to them? (I think the answer is clearly no, since the property would still remain occupied by the other couple and kids)


 


c) If the other couple do give notice, can I use this as a premise to terminate the entire tenancy agreement - or am I obligated to allow them to stay there (so long as they keep paying the rent).


 


d) What if the remaining couple with kids then say they would like to bring in other two tenants to share the rent (clearly this would be increasing the number of residents again to an undesirable level).


 


I am just trying to weigh my options before choosing the right course of action.


 


Thanks for your help.

Expert:  Ash replied 3 years ago.
A) If they are in breach then yes

a) They are still responsible for rent for remaining period

b) No

c) They are required to stay for their minimum duration as per contract

d) You can refuse if its against the tenancy

Alex

Customer: replied 3 years ago.

Thanks for your response.


 


Re: A above - my question really was...are they (sufficiently) in breach of contract - for a notice to be issued to them...considering that they have accommodated their kids (when contract states only the 4 named individuals can be in the property). Basically, I want to definitively know "if they are in breach" or not.


 


Re: a) - OK, so they can move out but they still have to be 'responsible' for the rent.


 


Re: b) So, even if the other couple moves out, I should not do anything such as cancel or terminate the agreement - so long as they keep paying the rent?


 


Re: d) - OK.

Expert:  Ash replied 3 years ago.
If it states only 4 named people and they did not seek permission the. It is beach.
alwz