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I would prefer an answer as soon as possible as time is money and the longer I delay, the longer I lose rental income. I suppose it comes down to how much time do you need to find an expert who can answer my question?
In short, I need to know if a clause in an STA is sufficient to protect me from any potential breaches my tenant may make regarding HMO and the Housing ACT 2004. My understanding is, any breach when discovered can be issued with a notice to quit (section 21 of the Housing Act 2004) and then they have 2 months to vacate, but the risk to me is the Council powers to fine me as the leasehold up to £20,000 and I need to know whether a carefully worded STA is sufficient to protect my interests if such an eventuality were to occur? The letting agent states it is, but it seems sensible to obtain confirmation in the form of legal advice before I agree to commit to such as STA being drawn up.
You haven't said how long that might take. Please clarify as I need answer asap.
So to be clear, if I have a clause in the STA stating the tenant cannot sublet to more than 4 persons and I check the property on a regular basis to ensure this is the case, this would satisfy my legal requirement regarding HMO licencing and the Housing Act 2004 for the Council? How regularly would you advise carrying out an inspection on the property? Online advice suggests 3-6 months. Do you think this is reasonable or would you recommend inspecting more frequently? If so, how frequently would be deemed as reasonable?
And this will protect me legally from the Council wishing to pursue me as the leaseholder in Court and potentially fining me up to £20,000 should the tenant breach the STA? I assume, in the event of any breach, a notice to quit (sec 21) will have to issued to the tenant as soon as any breach is detected?
Thank-you. Your help is much appreciated