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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Original poster

My mam's house being illegally sublet

25 replies

Mrtumblefan · 04/08/2023 16:43

Hi, longtime lurker but joined to ask this!

My mam is quite old and is renting out her old home, we just found out the tenants have been subletting and it's totally against the contract. The renter's are quite young and quite rude and I think really taking advantage and my impression is they think she won't do much.

She has no idea what to do. I'd really appreciate some advice. We probably will go for a section 8 (free legal advice, now we will pay for a stern warning letter). But my other question is , does she have a right to say they need to give her the money they made from the illegal subletting?

She's also panicking because a reviewer says they smoked weed in the house and as that's illegal she doesn't know if she's meant to call 111 and report (probably an overkill). Also the sublet site had an ad to rent a room in her house by a young man who isnt even on the tenancy agreement!! Isn't that illegal?

Luckily the contract says they have to pay her legal fees if she takes reasonable legal action.

Many thanks in advance for any advice you give me. We are all 100% supporting mam so this will be dealt with.

OP posts:
Sisterpita · 04/08/2023 17:07

@Mrtumblefan you may be better to move this to Legal.

I am not able to help regarding the subletting but I am going to suggest two fraud prevention measures.

  1. Register for a property alert on the property - it’s free https://www.gov.uk/guidance/property-alert
  2. Update the contact details on the register so one is an email address. - again free https://www.gov.uk/registering-land-or-property-with-land-registry/update-or-correct-the-register
A fraud can be to intercept mail and fraudulently sell the property using a fake identity. The above ensure you or your mum get an email if anyone tries to do this.

I recommend all home owners do this, particularly for elderly parents.

Property Alert

Sign up to HM Land Registry's free Property Alert service to help protect your property from fraud.

https://www.gov.uk/guidance/property-alert

MyYoniSaysNoni · 04/08/2023 17:12

Surely she has landlords insurance, which normally comes with legal cover. This is the time to get proper legal advice from a qualified solicitor. If she calls up her insurance company then they can put her in touch with someone from their legal team

Original poster
Mrtumblefan · 04/08/2023 18:25

Thank you @Sisterpita , I will move to Legal, sorry to be an idiot but how do I request that Mumsnet move it?

OP posts:
FrippEnos · 04/08/2023 18:32

Mrtumblefan · 04/08/2023 18:25

Thank you @Sisterpita , I will move to Legal, sorry to be an idiot but how do I request that Mumsnet move it?

You will need to report your own thread to MNHQ

Original poster
Mrtumblefan · 04/08/2023 19:27

Ah I see, thanks so much!

OP posts:
Tatzelwyrm · 04/08/2023 20:16

Why would you think this

But my other question is , does she have a right to say they need to give her the money they made from the illegal subletting?

Original poster
Mrtumblefan · 04/08/2023 20:53

@Tatzelwyrm what do you mean? She wondered this so I'm asking about it on a legal forum!

OP posts:
iwasthewalrus · 04/08/2023 21:03

I would think that her priority should be to get rid of everyone as quickly and painlessly as possible.

Tatzelwyrm · 04/08/2023 22:05

You wouldn't normally be awarded the proceeds from crime.

If they were running say for example a drug ring, would she expect the proceeds from that?

endofthelinefinally · 04/08/2023 22:09

She needs to speak to her landlords insurers immediately. They know how to deal with this and they usually cover legal expenses.

Boomboomboomboom · 04/08/2023 22:11

If the assured tenant has sublet the whole of the property, they have lost security of tenure so you only need a serve a notice to quit of one month if rent paid monthly or 4 weeks (ending on the day of the month/week the day before the tenancy started).
Ntq will need to include prescribed information.

After the notice has been served (on tenant at the property not the sub tenants) you can issue a mandatory claim for possession if vacant possession not given back.

former Assured tenant liable for rent until ntq ends, thereafter you can seek damages equivalent to rent from unlawful (not illegal) Subletting but be careful for to create a licence/tenancy to them.

Seek legal advice

Original poster
Mrtumblefan · 05/08/2023 06:24

@iwasthewalrus I agree that's what mam wants too, we speak with the lawyer Wednesday so it's useful to hear the same view between now and then!

OP posts:
Original poster
Mrtumblefan · 05/08/2023 06:26

@Boomboomboomboom thanks so much it's useful to have these things to think about and know before speaking with the lawyer. It helps our mam to hear this in the meantime. She's not sleeping well so it all helps.

OP posts:
Original poster
Mrtumblefan · 05/08/2023 06:29

@Tatzelwyrm your intention on posting on this thread clearly isn't a nice one. I have a distressed old lady here who can't sleep, and is crying over her lifelong home where our dad used to be too, we lost him a few years ago, and it's where all her memories are. Now in her mind it's being disrespected by nasty people. Its breaking her heart. She just has some questions, that's all. Please don't use this thread to get out your frustrations or whatever it is that you're doing because it isn't the place.

OP posts:
Maddy70 · 05/08/2023 07:32

I rent a house out. My tenant is also subletting I am turning a blind eye.

He has tent out a room to his brother and to his friend

It makes no difference to me. As long as the rest is paid and the house is looked after I dont care .

As for smoking weed. It's In their home unless you have a no smoking policy then again I would turn a blind eye. Your mum isn't responsible for their actions

Underthemagnificentbeechtree · 05/08/2023 07:39

I think the OP means they are subletting on Airbnb or similar, not just renting a room to a mate!

burnoutbabe · 05/08/2023 07:47

I looked at the misuse of drugs act during my law degree and their is weirdly something about landlords maybe having liability too. Will dig that out.

Yes -see below.

www.release.org.uk/law/drug-use-your-home-section-8

Tatzelwyrm · 05/08/2023 12:19

Mrtumblefan · 05/08/2023 06:29

@Tatzelwyrm your intention on posting on this thread clearly isn't a nice one. I have a distressed old lady here who can't sleep, and is crying over her lifelong home where our dad used to be too, we lost him a few years ago, and it's where all her memories are. Now in her mind it's being disrespected by nasty people. Its breaking her heart. She just has some questions, that's all. Please don't use this thread to get out your frustrations or whatever it is that you're doing because it isn't the place.

I'm not disrespecting anyone, you asked a question. I answered it, you queried my answer, so I clarified.

You don't know what my intentions are. Please don't assume.

Maybe you should seek professional advice rather than anonymous people on a forum?

TheCrystalPalace · 05/08/2023 12:26

@Tatzelwyrm Your were snippy and came across as condescending with your "why would you think that?" I presume that she is suggesting that the tenants are letting out the property for more than her mother is asking, in which case it's not unreasonable to wonder if that money should come back to the actual owner.
The OP IS seeing someone legal next week but is asking advice here, on what is meant to be a supportive forum, in the meantime so she has some background information.
If you can't support her, then why not scroll by?

YetMoreNewBeginnings · 05/08/2023 12:31

Where is the house? Things are different in different parts of tbt Uk so nobody can give accurate advice without knowing.

When you said there is a review - is this on something like AirBNB?

LLamaLandlord · 05/08/2023 12:32

Not all landlord insurance covers the legal side of getting rid of tenants if they become a problem. This is sometimes an add-on cost which she may not have taken?

If the lawyer/solicitor you speak to doesn't sound very clued up it may be worth talking to these people who specialise in this sort of thing: https://legalforlandlords.co.uk/landlords/

I have just chosen them for my own landlord legal insurance after realising how crap the legal provision in my regular landlord insurance was!

Landlord services - Legal For Landlords

https://legalforlandlords.co.uk/landlords

Tatzelwyrm · 05/08/2023 13:36

TheCrystalPalace · 05/08/2023 12:26

@Tatzelwyrm Your were snippy and came across as condescending with your "why would you think that?" I presume that she is suggesting that the tenants are letting out the property for more than her mother is asking, in which case it's not unreasonable to wonder if that money should come back to the actual owner.
The OP IS seeing someone legal next week but is asking advice here, on what is meant to be a supportive forum, in the meantime so she has some background information.
If you can't support her, then why not scroll by?

Op asked a question.

It's a forum. People are asking questions back.

I didnt write "why on earth would someone think that, its a stupid idea "

I asked a question "Why would you think this" any inflection on that is your own.

I then gave an example.

TheCrystalPalace · 05/08/2023 13:48

No, OP asked a question.
If you needed clarification, then "What sort of thing do you mean" would be the kind of response to give, not the snarky "why are you asking that?"
She's clearly asking because she wants to know.

Oysterbabe · 05/08/2023 16:23

No she isn't entitled to the profits from their subletting.
Are they still paying the rent? You mention section 8.

determinedtomakethiswork · 05/08/2023 16:25

Could she pay an estate agent to do the management of the house, then she wouldn't have any involvement at all with it.

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