Subletting without telling the landlord

Dear Respected Landlords,
Two years ago I rented my property. Tenant mentioned that he and his brother and wife will be living in the house. When I went for inspection I I found there is another person living in the house. Please note that the house is a two bed but downstairs living room is separate so he is subletting it. When I confronted him he said he is his guest. There is always someone living in the house even though tenant didn’t admit it. I must mention that I rented it as a family not HMO. But he is utilising it as HMO. I don’t know how to deal with it. They have been smoking inside the house as well. I saw it myself. Please advise me.

Sounds a bit complicated, think I would talk to a solicitor and get a letter sent through them.

Does your tenancy agreement with the tenants prohibit smoking? You need firm proof that the guest is more than a guest. Good tenancy agreements spell out exactly how long an undeclared guest can stay.

I would suggest s21.

Yes it has Claus stating not to smoke in the property. Tenant was smoking inside the house and I caught them in red handed.

I am not an experienced landlord hence it has been really difficult for me to know what I can do in the circumstances like:

  • Unauthorised Subletting
  • Smoking inside the house
  • Refusing to agree the new increased rent after two year rent review. Tennant even threatened saying he won’t pay the rent until he is evicted and it will allow him to stay their for 6 months for free.

As David mentioned, you need to issue a Section 21 notice to your tenants. Openrent have a recent post about this:

If you feel inexperienced or need additional support, it would be best to get a solicitor involved who can advise you in more detail rather than rely on this forum.

Thanks a lot for your reply. Keep you guys updated. Regards