Joint tenancy split and he made it a HMO without my permission

Last week received a message from the joint tenant that he already moved out in March 23. He also informed that current tenant has sublet to 5 more people. It is 2 bed house and maximum 4 adults can live but in reality he has 6 people in total. I asked him he replied that they are his cousins. But in reality I don’t think it is the case. Property is not fit for HMO but still he made it HMO. So many times I asked their details but he never provided their details. I don’t know their names either. Legally as land lord I should check the right to rent but it is actually been very difficult as the tenant is making his own rules. Seems like he is control not the landlord. Water mark on the ceiling leak is happening but he doesn’t notify me.
In this situation what do I do as landlord???

I would start eviction proceedings. Have a look on this forum for other posts, and online, about issuing tenants with a Section 21 notice. You need to ensure you have correctly followed other processes to validate the Section 21 notice - there is a helpful flowchart online if you google that.


If you have a prohibition on sub-letting in your tenancy agreement then the tenants lodgers will have no right to remain if you evict your tenant. I would write to him immediately pointing out the breach of contract and asking him to remove his lodgers. I would also serve him a s21 notice and if he doesnt evict them I would inform the Council that he may have created an illegal HMO.

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Thanks very much for your replies. I did think about notifying to Council about illegal HMO but I don’t have hard evidence and coucil may think that the landlord is forcing tenant with illegal HMO.
Council websites stating if your landlord having illegal HMO then contact them. But there is nothing about Tenant making it illegal HMO. I am not an experienced landlord this is my first property and i am really finding it difficult to deal with situation.
Besides I don’t even know whether the loggers have right rent because i dont even know their names.

I would still report him. He is the landlord of his lodgers/sub-tenants and if he manages to convince the Council that they’re all one family, then it leaves you free to focus simply on evicting him.

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