OpenRent Community

'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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