'Tenant' is sub-letting (Booking.com)

Hi folks,

Hope you’re all doing well.

Property was empty since March, and FINALLY got a tenant start of July.

However, I’ve just had a call from building management alerting me to the fact that the ‘Tenant’ has only gone and listed the flat (changed all the furniture as well) on Booking. com

Any suggestions? I’ve spoken to the Letting Agents - not much help there…

Only option seems to be to wait until the break clause is activated and boot him out… not that he’s actually there as a tenant anyway.

Cheers!

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your agreement must state no sub let? not there as a tenant I know what I would do But it may not be legal. He will put in many people and not pay you

Hi Colin,

Yes indeed - the usual no sub-let agreement in the AST.

According to the LA, nothing I can do until I can serve notice? Hoping that at least he still pays the rent until then, but if not, nothing I can do about it?

Hi George, I believe you could sue the tenant for breaking the terms of your contract, but I don’t know much about this scenario. Perhaps one for our Legal Partner, Landlord Action?

Sam

So they will do an Airbnb on the property ? Quite a few has come to me and tell me that’s their idea and I say no , it’s too many people for the house I think coming and going in a usually 3 bed house that wasn’t built for so much work

Your tenant is actually breaking the terms of your contract (hopefully somewhere it says that he can not sublet). There are also restrictions on many leasehold properties in England (no holiday let allowed) - you could check the terms of your lease, if the property is a flat.

Question is - Do you want him to leave, if he continues to pay his rent? As you say, you had to wait for a long time to get a tenant.
If you do, you can tell him that he is breaking the contractual agreement and he will need to take the property from booking. com (and all other social travel portal). If he is intended not to stay, ask him to leave. If does not leave, then you will have to send the letter through the solicitor or wait until the break clause.
Good luck.
TJ

Thanks! Well the good news is the tenant is still responsive. We have an inspection booked for Tuesday - and he has so far denied all knowledge. I will just present him with the facts and the evidence, but hopefully it’ll be resolved peacefully. Intend to get him out of the property as soon as possible, regardless of whether he continues to pay rent or not.

It is very obvious the intention was to do this from the outset - listed 7 after the tenancy began.

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I don’t see what the problem is here. If the tenant is paying the agreed rent every month and keeping the property in good condition what’s the issue? As long as the tenant if being responsible with the property and paying for the upkeep. What’s the issue? You could do done it via booking.com and made more money. Just sounds like your jealous that the person was smarter and worked harder to make more money. Honestly don’t see the issue. If you’re that lazy to do something with your prooerty ask them for a percentage of the monthly takings. Will be more than any rental income you’ll make anyways. Honestly just sounds like a bitter rantings of a lazy person who could of done the same if they had the work ethic instead of handing it over to angencies and waiting for money to fall in their account. As long as the tenant is paying agreed rent and being responsible for any issues sounds like you’re being unreasonable and jealous they had the intelligence and work ethic to maximize the money from your property. You could of done the same but you preferred handing it over and just wanting money falling into your account doing nothing. Which unless the tenant stopped paying rent is still happening. Just be thankful that you still have a passive income if you can’t be bothered doing what they’re doing. It’s not easy doing it so stop passing them off as criminals when they’re smarter at maximizing your properties potential than you are. Maybe instead learn from them and do the same. Or is that too much hard work for you? Honestly tired of these rich peoplw with no assets who are lazy that want a rental income getting angry at people who are hungrier and smarter at utilising the potential of their flat to the best. Not everyone has the same opportunities at owning a property in London or the UK. You wanted your rent doing nothing sitting on your backside. So unless you’re not getting it don’t see what the issue is. Maybe learn from them instead of being a bitter jealous sod.

What’s the issue ? You getting the rent for doing nothing like you wanted? They’re utilising your property to make the most money it can. Maybe learn from them. I mean not everyone is born lucky enough to own a property in London to the UK. If youre too lazy to do it yourself. Who cares. They pay the rent on time and pay any damages then who cares. Typical lazy rich people being jealous of being working harder then them and outsmarting them. Kudos to these people for working hard. You probably think it’s easy this business. Give it try and see how quickly you give up.

This issue is that the tenant may have invalidated the landlords insurance, he may also be in breach of the conditions of any mortgage, may be in breach of the terms of his lease and may be in breach of planning regulations. the property may also be liable for business rates rather than council tax.

Your best bet would be to meet him and tell him the game is up. Take a deed of surrender with you and a witness and get him to sign and give you the keys there and then. If not, to serve you with a notice to quit, which you would then have to formally accept. If he refuses then your options depend on whether he is living there. If you can determine that he lives elsewhere, then his tenancy won’t be assured and you can serve him with a one month common law Notice to Quit, (have that with you also so that you can serve in person). Once that expires, unless he moves into the property his tenancy will end. If he moves in or is living there, then you would have to serve a s8 notice, probably under ground 12. This is discretionary and a judge could give a suspended possession order, but if you calmly explain the impact on you (as above) and perhaps on the neighbours through ASB, then it could easily go in your favour.

Finally, make sure you let HMRC know about his activities as I bet he’s not declaring the income.

Wow, the trolling is strong here - I forgot about this topic!

Nice time for an update though - the ‘tenant’ ended up being a fraud and we only evicted him last month. He only paid 2 months rent, hosted covid-breaching parties, and caused problems for the local community.

Also trashed the place.

I’m so glad I’m a jealous rich landlord though. I can easily absorb the monetary loss, emotional distress, and will be get able to easily get the time back I spent on dealing with the police, property management, insurance companies and contractors to get things fixed!

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You should pursue this guy as far as you can. Or he’ll just do it to another person.

Make him bankrupt.

supermouse is the bitter jealous sod by his rant. Trolls are alive and well

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Yes if the tenant turns out to be a fraud then I agree definitely do everything you can legally to destroy him. I don’t agree with that it’s disgusting. If you read what I said though, was if they’re paying the agreed rent and have a legit air BnB company and are taking the responsibility for the flat, I don’t see the issue. Again as I said depends on if they’re a proper air BnB/subletting company. I don’t see the issue then. Maybe learn to read guys before just jumping to conclusions. Then again maybe asking for too much sorry.

Learn to read buddy. I didn’t disagree with this particular case I was saying in general. I said if the tenant pays the agreed rent and takes responsibility for the flat fixing anything broken out of their own pocket. Then I dont see the issue. I know a lot of honest people that were trying to run a legit air BnB business being kciked out by unreasonable landlords.

It’s not unreasonable. If a tenant wants to run a AirBnB then disclose that when he applies. No one would let to him. To obtain a flat by subterfuge and try to make money by breaking the lease (and in this case not pay his rent) is nothing short of immoral, illegal.

As a landlord I would’ve had one of my friends book a stay at the AirBnb and never check out so this individual would have to evict him at his own expense hahaha.

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