Tenants may have been HMO?

[drspouse]

We're looking over our rental flat prior to new tenants moving in.
The flat has 2 bedrooms, one has a double bed. One has an Ikea Hemnes day bed (so it can be a king size, a single or a single plus a sleepover mattress on the floor.
The living room also has a double sofa bed.
We have also found a rolled up thin sleepover mattress in the flat. Also, one bedroom has a really crude hasp for a padlock put on the door.

It was let to two individuals. OK they may have partners sleeping over or family staying but they don't need any further beds for that.
So we are a bit worried they have had several extra people living or staying.

What's our legal position? Can we get in trouble if they are over occupying the flat?

Oh and they didn't know how to clean the loo.
Bleugh.

If they are about to leave then I wouldn't worry about it too much. DH works in planning enforcement and they never investigate HMOs unless there are loads of complaints. Saying that you usually don't need an HMO licence unless the property has 5 or more individuals living in it and is three or more storeys. In some areas you need planning permission for HMO use but if it's only a temporary situation unlikely it would be an issue.

They have left thankfully!
It's a two bed flat in a large block do lots of neighbours. We already had a dispute with a neighbour over a leak (it was rain, not our flat, so the buildings insurance paid us but the neighbour wanted us to pay them) but if they haven't complained I suppose we needn't worry.

Our council is pretty strict - just looked it up - three unrelated adults is an HMO.
We'll be muttering to the EA I think but at least we aren't having the same tenants back.