Hello my name is ***** ***** I will help you with this.
Yes you can serve a section 8 notice as the tenancy has been breached
If they do not rectify the breaches then you can issue proceedings for possession.
You would need to complete form N5
The Court would list the matter for hearing and decide whether to give possession
If the Court does and they refuse to move then you can get bailiffs to evict
Can I clarify anything for you about this today please?
OK so I was just editing my question while your response came in (that was quick!) - please allow me to clarify...
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.
You must get a Court order.
That is a legal requirement otherwise you can be sued for an unlawful eviction
You MUST MUST MUST get a Court order
Does that clarify?
I meant - what if we did not choose to evict them....? would we then be violation of any law?
No not at all
If they stayed then legally there is no issue
But wouldn't the number of people living in the flat an issue?
Well that is a matter for the Local Authority.
It would not be illegal as such as it breaches an Act.
But the Local Authority may have specific policies and regulations on maximum occupancy
you mean such as licensing our property as an HMO?
How would I best determine the next course of action?
The next thing would be to contact the Council
OK, thank you.
They can advise as to local regulations and occupancy limits
Can I clarify anything else for you today please?
No, I think you did well. Can I save this chat for future reference?
Yes, once you rate then the format changes and you can come back to it at any time or copy and paste.
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
If you need more help please click reply
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.
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.