Tenant Damaging my property need urgent Advice

Landlord Discussion Legal
1

Hi everyone,

I urgently need advice regarding a serious tenancy breach and the fastest legal way to regain possession of my property before further financial loss and damage occurs.

I served the tenant with a formal Section 21 notice (Form 6A) giving two months’ notice due to ongoing serious breaches of the tenancy agreement. Despite repeated attempts to contact him via email, WhatsApp, and formal letter, he refuses to engage in any discussion about rent arrears or compliance.

After taking possession, the tenant unlawfully sublet the property through “Smart House” to multiple individuals. During a recent inspection I discovered the property is being rented out room-by-room. Internal doors have been damaged, locks added, and holes cut into doors to restrict access — all done without permission.

I have photographic evidence of the damage and alterations. I also obtained utility bills under different names confirming unauthorised occupancy. I spoke directly with the occupants; they confirmed they pay rent directly to the tenant and showed bank payment proof.

At the start of the tenancy the property was in excellent condition — fully repainted, professionally cleaned, and with all fixtures in good working order.

Additionally, the tenant has invalidated a 10-year warranty on damp-proofing works costing approx. £4,000 by instructing an engineer to run pipework through a protected wall without any authorisation.

This situation involves multiple serious breaches:

• Unlawful subletting
• Rent arrears
• Property damage and unauthorised alterations
• Voiding warranty-protected works
• Refusal to communicate or cooperate

I’m extremely concerned about ongoing damage and financial loss.

I urgently need advice on:

• Immediate steps to protect the property
• The fastest legal route to regain possession
• Whether OpenRent can assist with escalation
• Any emergency legal options available

What do I need to do to clear the property safely and legally?

Any urgent advice would be greatly appreciated. The situation is escalating and I’m worried about further damage.

2

@Faisal10

Sorry to hear about a nightmare

Get expert eviction advice

The fastest legal route to regain possession will be to persuade tenant to surrender the tenancy. How you persuade them to do that will be up to you.

I’d report the tenant to “smarthouse” for subletting illegally.

You could report the tenant to the police for criminal damage

You could tell the subtenants they are part of an illegal sublet and advise them to stop paying the tenant any rent and to find somewhere new because you will be sending bailliffs round and they will soon be evicted

You can get your own workmen round to remove locks and undo damage

If you can prove tenant is no longer living there, doesnt have possessions there, you may be able to say that, together with rent arrears, that they they have abandoned property so tenancy has ended & the subletters are trespassing. In which case regaining possession may be quicker.

Good luck

3

How did you get these?

You need a solicitor that specialises in eviction and you need one asap. It will cost you, but you are dealing with someone who doesn’t care about the law in the slightest… except to use it to maximise their ability to get what they can from your property at your expense.

Be prepared for it to cost you thousands more and about 18 months of time. You will get there but it’ll be a tough road.

If you do ever rent to anyone again after this, make sure you inspect the property yourself a month after check in and then quarterly thereafter. This would have caught this much sooner than it sounds like you have.

1 Like
4

Hi David,

Thanks for your reply. I visited the property last week and spoke with the tenant as you suggested. They mentioned they will be stopping rent, but they also said they are still making payments to someone else, so I’m not sure how this situation is supposed to work.

There is also another room where I’m not sure who is staying. They have put a lock on the door, so there is no access to the room.

I will seek legal advice, as this situation is becoming very frustrating. At the moment, I’m unsure what the quickest way is to resolve this.

5

Hi Tatemono,

Thanks. I understand he took the property with good references, so I expected he would maintain it properly, but it has turned out to be the opposite.

I will seek further legal advice. I’m not exactly sure what steps I need to take yet, but it doesn’t look like this will be a smooth process.

6

What do you mean by “I understand”? Did you not do the referencing or at least see the referencing?

How did you obtain utility bills under different names?

7

@Faisal10 who is this someone else they are paying to? Was tenant you spoke to the person named on your tenancy agreement or someone else? Get as much detail as you can. Check the id and right to rent of main tenant

You could report the situation to Home Office/the police saying you suspect illegals are being housed there and you think it is part of an organised scam/criminal enterprise and they might investigate/raid and clear out all the people with no right to be there for you. The main tenant might then be less likely to return…

Expect it to take at least a year to sort

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8

It may be quicker than a year if your tenant isnt living there and your contract contains a prohibition on subletting. As said, you will need specialist legal support for this, but the tenancy may be common law and be able to be ended without a court case by a notice to quit. The current occupants would then have no right to be there and you could just change the locks. Don’t attempt to do this without legal backup.

2 Likes
9

Hi David,

Yes — the individuals currently living in the property were placed there by the main tenant, who is the only person named on the tenancy agreement. The tenant has been operating through a company called “Smart House” and appears to be issuing room contracts to occupants under that company name.

The original tenancy agreement is in one person’s name only, and it clearly states that no more than one person is permitted to occupy the property. The contract wording explicitly confirms: “The maximum number of people permitted to occupy the property is 1.”

When you refer to legal backup, I want to confirm my understanding. I have already served a Section 21 notice, which expires mid next month. My understanding is that once the notice period ends, I will need to apply through the court to regain possession if the tenant does not leave voluntarily. Please confirm if this is the correct next legal step, or if there is a faster route given the unlawful subletting and rent arrears.

10

Hi @David240

Yes — the individuals currently living in the property were placed there by the main tenant, who is the only person named on the tenancy agreement. The tenant has been operating through a company called “Smart House” and appears to be issuing room contracts to occupants under that company name.

The original tenancy agreement is in one person’s name only, and it clearly states that no more than one person is permitted to occupy the property. The contract wording explicitly confirms: “The maximum number of people permitted to occupy the property is 1.”

When you refer to legal backup, I want to confirm my understanding. I have already served a Section 21 notice, which expires mid next month. My understanding is that once the notice period ends, I will need to apply through the court to regain possession if the tenant does not leave voluntarily. Please confirm if this is the correct next legal step, or if there is a faster route given the unlawful subletting and rent arrears.

11

@Faisal10

Thats correct if main tenant still living there with possessions there and needs eviction

As @David122 points out, if main tenant has left, no longer lives there and not paying rent, they may have effectively given up the tenancy so the others are simply trespassing and can be made to leave more quickly than the s21 process. But you need an eviction expert to be sure and to get a court to say so etc

Good luck

12

You’ve persistently avoided answering my question about how you obtained utility bills. That may indicate that you know you opened someone else’s post and, if so, thus committed an offence. if the tenant knows that, they may use this against you. Tread carefully.

You’re also persistently avoiding advice from every single person who’s spent time replying to you that you need legal advice. It may be that doing things on the cheap has led you into this nightmare. If so, it’s time to understand that letting and false economies don’t mix. Relying on legal advice from an online forum when you have a complex letting situation to sort out is unlikely to result in “the fastest legal way to regain possession of [your] property before further financial loss and damage occurs”

I’m giving up on this thread now. All the best.

1 Like
13

@tatemono

To be fair to @Faisal10 he’s said

So even tho also asking the forum for our guesses on next steps, does appear to be following everyone 's advice to get legal advice

Good point on utility bills tho..

Best

14

ah yep… I missed that. Well, do it asap mate.

1 Like