My tenant has sublet a room without my permission and knowledge. They have about 5 months left to end the AST. I have evidence. I have written to the tenant to remove the couple ASAP. They are still there 2 month and not intending to leave until end of AST. Obviously a breach as per the AST. The tenant otherwise compliant with rent, cleanliness etc.
You may also fall foul of rules concerning running a HMO (3 or more tenants from more than one household). Are you now running an illegal HMO? Not your fault, but suspect you’ll be liable if you don’t resolve.
I’m no expect on how to resolve, but I would certainly be seeking legal advice.
Is it possible to forcibly evict the couple as they are not declared or permitted guests of the tenant? Aren’t they effectively squatters irrespective of any financial arrangement they may have with your legal tenant? I would guess that the cost of this is recoverable from the tenant. Maybe you could advise him/her that this a possible action available to you. My tenancy agreements explicitly state that any guest of the tenant that is staying more than two nights in succession has to be declared specifically to prevent subletting and potential breaches of Right to Rent rules which you hold all the liability for.
Theyve turned your property into an HMO, which may cause you problems with any or all of - licensing, insurance, mortgage, lease/covenant terms and planning. If your tenancy agreement forbids subletting or sharing the space and you continue to attempt to enforce this, then the couple will have no right to remain in the property when the tenant ends their tenancy or the courts end their tenancy. Please note that the fixed term of the AST ending doesnt end the tenancy as it just becomes periodic on the same terms.