UK Landlord Forum / Life

I have recently rented my 3 bedroom apartment to someone on an AST who I believe has boarded up the living room and is renting  the other 3 bedrooms on airbnb at a daily rate.   She has a total of 37 rooms advertised on that site so I guess she is a professional racketeer who knows her way around.  On the contract it states clearly that she cannot sublet.  It is also in breach of my leasehold.
I have not yet confronted her about this as I have only just found out and have no idea how I should tackle this.
Any advise or opinions will be most welcome.

Mate

Feel for you

I have heard of this happening.

Did you use an Agent?

What referencing did you do?

I think you have no choice but to issue notice.

Thanks for your response.  No I did not use an agent and did not really do the proper reference checks as she claims to be self employed.
She showed me bank statements that indicated she can afford the rent and also she has a mortgage on a property.

I would be tempted to knock on the door and see how many AIRBNB guests are staying there, explain the situation, take their keys off them and kick them out.  At least these 'guests' will go back to AIRBNB with complaints about their 'host'

Yes I am tempted to do that but am afraid it may be reported as harassment.  Also tempted to book a room under someone else and once he is in than I move in instead and become a lodger who refuses to move out, but not sure of the consequences.   

I guess the bottom line is that if you are Landlord and you do not play by the rules the you will be dumped from a great height eventually.

Having said that I really like the idea of a covert operation where you lease one of your own rooms out and then change all the locks when everyone is out.

However what is your next step - when you have angry "tenants" who dont understand why they cant get in.

I think this would only work if you did it in parallel with serving notice on your real tenant. 

Quote from: Oliver on October 27, 2014, 12:50:00 PMOn the contract it states clearly that she cannot sublet.  It is also in breach of my leasehold.

Whatever you choose to do, do it carefully... and probably with proper legal advice. As you intimate, this Tenant appears savvy... the last thing you would want to do is play into their hands. Be aware that a clause in your contract that says "No subletting is allowed" is potentially an unfair term and condition - OFT says - "The law ordinarily allows purchasers to sell on (or 'assign') to someone else what they have bought and this applies to tenancies as to other property. Most tenants can also, in principle, let property that has been let to them (sub- or underletting) provided they continue to observe the obligations under their own tenancy."

I do not think your plan sounds a good one... I would be weighing-up the risks of an accusation of illegal eviction that could come your way if things go 'wrong'.

http://www.landlordzone.co.uk/forums/showthread.php?29223-Tenant-Subletting-without-consent-and-not-living-in-property/page3

Have a look at that.

It gets even more complicated if the tenant is not living in the house.

It also warns against anything "naughty"

I would get your finger out and get to a solicitor as I think you could find that a) you serve a 21 and wait 2 months, b)that doesn't work c) it takes months to evict.

But first I would read up about it, be confident and confront the tenant, state that as they are not resident the AST is null and void and if they do not hand back the keys immediately you will be forced to start eviction proceedings which will be costly for all parties involved, even offer the deposit back if they get out in 7 days......

We have a similar case on going. Is T on the lease resident?  If not, in all likelihood the tenancy falls outwith the scope of the Housing 1988 and therefore sect 8, and 21 procedures will not apply.
If this is the case you should get professional advice regarding Common Law possession proceedings.