Unauthorised Tenants

Upon our recent inspection we have become aware of additional occupants sharing, on a full-time basis, the accommodation of the registered tenant, acknowledged by the tenant.

I appreciate as a 1-bedroom flat the level of occupancy would be anticipated / acceptable for 2 people however the TA was signed for a single occupant.

Would you consider it fair and reasonable to expect an uplift in the contracted rent, currently well below market rates, to compensate for this additional occupant, and how would you propose going about invoking it?

We have recently increased the rent on this property within the 8% we are led to believe by our agent is the maximum to preclude potential contesting by the property ombudsman, is this correct and relevant?

He is a decent and reasonably clean tenant, and I would have no desire to evict him, and I would be prepared to give him the benefit of the doubt that he was not acting deviously however, I’m getting rather tired of tenants taking liberties.

I had single tenant request if ok to move in boyfriend. I agreed under a permitted occupier only. The rent was low and was due an increase, so we agreed on market value rate.

If rent has just increased would increasing so soon rock the boat? I don’t believe there’s any cap in rent increase amount (but should align with market value) but should only be done every 12 months unless tenant agrees.

It’s likely however that tenant will appreciate that all bills have just been halved, so they may agree.

My view also, especially considering the current increased rent is still well under the current market rates.

If there are 2 or more additional occupants then its likely the tenant has created an HMO and that’s a much bigger issue. Check if your property would need a local HMO licence with 3 or more people in 2 or more households. Even if its not licensable, you’d still have to comply with all the HMO Management Regulations, probably including fire doors, hard-wired alarms etc.

If you just accept the situation, (which asking for more rent would be), then you will become liable. I would suggest eviction.