UK Landlord Forum / Life

We have literally just discovered our tenants have a secret sofasurfer/lodger who appears to have moved in lock, stock and barrel.  Where do we stand regarding this please?  Many thanks in advance for your thoughts xxx

What does your tenancy agreement say about subletting? Are they currently on a fixed tenancy or can you just Section 21  them straight away if need be?

ASAIK - if they are an adult living in the house/flat, then you are obliged to "right to rent" check them, otherwise you are danger of being fined.

You have to check everyone regardless of whether you think they are British...

If they are sub-letting without your consent, then they are probably in breach of your tenancy agreement.

Equally the "surfer" has no protection should the tenancy end, and they do not want to go, so it is in their interest to make everything official.

Hope that helps
Neil

Quote from: Neil on September 13, 2018, 02:35:20 PMASAIK - if they are an adult living in the house/flat, then you are obliged to "right to rent" check them, otherwise you are danger of being fined.

I think the danger of a fine has to be assessed realistically, and I think it's very, very low.

Thank you so much for your replies. 

According to the tenants this person is a "visitor" and the situation is "temporary" and they will let us know when the "temporary visitor" has moved on.

If we have heard nothing and the "temporary visitor" is there with their possessions in 2 weeks time, they will have been in residence for at least 3-4 weeks which I believe could be deemed well beyond a "visit" and it will be Section 21 time for the lot of them. 

Thankfully the tenants are very local born and bred - it is just the "temporary visitor" of whom we know nothing, so that is another reason to move them all on pronto.

I will let you know how it pans out!

Feels like an overreaction to me...

I've had parents visit for longer than 6 weeks, longer than 8... just because it's my own home is that OK? I call discrimination.  Visitors are not obviously sub-letters, certainly not necessarily. They can just be visitors and it is unwelcoming for the host to say get lost to their guests. What I glean from your use of air-quotes (actually, real quotes) though is that you've "had a word" and you don't believe them for toffee, so you're making them aware that you're aware and giving 'em chance to "sort it".

Am I close?

Update: The "temporary visitor" has now departed (albeit grumpily) much to the tenants and my relief.  Lessons learned all round on this one.

Quote from: Neil on September 13, 2018, 02:35:20 PM
ASAIK - if they are an adult living in the house/flat, then you are obliged to "right to rent" check them, otherwise you are danger of being fined.

For the record, a landlord is only liable if the person without the right to rent is 1) a tenant, 2) a explicitly named permitted occupier, or 3) at the time the agreement was entered into, the landlord ought to have known the person would become a occupier with reasonable enquiries. A friend who came along to sofa surf some time after the tenancy started doesn't fit into (1) or (2) and unlikely to fit under (3).