Tenants Running Pregnant Mother Centre Illegally Without My Permission On A Residential Contract

[roony]

I've got some tenants running some sort of Pregnant Mother assessement centre, basically subletting the property on a residential AST.

 

A lot of pregnant mothers have visited the property. As well as several large families.

 

A confused pregnant mom was seen on the property, & then rushed off to hospital a couple of hours later.

 

I've tried contacting ofsted, & they dont seem to care the tenants dont have the correct permission of the landlord.

 

Can I get an injunction on the tenants or some other legal action, without having to file a section 8? I'm concerned about damage to the property, as well as the safety of the heavily pregnant mothers, as our building insurance doesnt cover business use of the property. Not to mention our mortgage contract.qq

 

I'm also trying to contact the correct authorities, I'm contacting ofsted again, but I have no idea who to contact about the illegal planning permission granted to them.

 

Does anyone know who I should contact about the illegal planning permission granted to them?

 

& if I can get an injunction on the tenants or some other legal action, without having to file a section 8? As theyre subletting illegally, not to mention illegally dealing with vulnerable members of the public. Also because of the large number of families damage to the property.

 

I'm based in London btw ...

 

Thanks!!!

[stu007]

Hi

 

I assume your the Landlord.

 

1. What type of Tenancy Agreement does your actual tenant have and when does is start and end?

 

2. Are their any clauses in your actual tenants tenancy agreement about sub letting?

 

3. Have you discussed/informed the actual tenant they didn't have your permission to sub let?

 

Please be patient as it does get quiet at the weekend but I am sure the caggers will be along to give you advice

[roony]

Hi thanks for the reply, apologies for not replying quicker.

 

They have a residential contract, an AST assured shorthold tenancy contract.

 

Yes, the contract explicitly forbids sublettings in the contract, I can post the terms & conditions.

 

They managed to get planning permission, without notifiying us as required by planning permission law, as well as permission from ofsted.

 

I've filed a section 8.

 

But the problem is because of their refusal to pay the rent, theyve missed 3 months of rent, we have no funds to cover the mortgage.

 

This is why I'm hoping for some other action we can take, as the 2-3 months for a section 8 is ruinous for us.

 

The tenants are renting two adjoining properties, we're loosing £4,000 a month because of their refusal to pay, plus we have no way of paying the mortgage on the property.

 

We barely have £300 a month after paying the mortgage & expenses.

 

Because of our inability to pay the mortgage, we're in danger of loosing both properties.

 

Thanks again.

[SabreSheep]

A Section 21 could also be added then. 2 months notice and as long as served with correct notice, judge will have to order poseession

[roony]

We cant afford to wait another 3 months to remove them from the property, as we have another case of unresolved legal fee's with HMRC over £70,000, we've been asked to settle or pay in installments within 14 days.

 

I basically need to know, as we're in imminent danger of loosing the property, as we dont have the the income to cover the mortgage's on the two property. Is it possible to apply for something else, other then a section 8 or 21?

 

Like an immediate possession order or something? I'm not familiar what the options to repossess are, if theres imminent danger of loosing the property, or the tenants refusal to pay is about to cause the landlord to loose the property

 

I know theres a possession order, if theres danger to the property, ie gas leaks etc., there should be something if tenants refusal to pay is about to cause the landlord to loose the property?

[SabreSheep]

Nothing Legal I can think of.

 

Will see if Site team know of anything

[roony]

Thanks, much appreciated.

[roony]

What about an injunction or restraining order? I dont know what section of the law covers those, not sure where to look on gov.uk or lexisnexis.

[caro]

Planning permission tends to come from local councils so I'd start there. How do you know they have permission if you don't know where it came from?

 

If the property is to be repossessed your mortgage lender may evict the tenant anyway, but it's a week since you first posted looking for short cuts, and had you served notice then you'd be a week nearer to getting them out. If that's what you want I suggest you serve notice sooner rather than later in case you can't find anything quicker.

[roony]

Hey,

 

Yea I know they have planning permission, as I checked the planning permission registry. But this was done unlawfully as by law they have to notify the landlord before they apply for planning permission ... We never received any notice.

 

I have no idea how to challenge this though ... is it possible to ask them to move if they havent given the landlord notice for planning permission?

 

I havent served notice, because my moms idiotic solicitor served a section 8 by mail, & now theyre saying the form was never signed by the lawyer.

 

He wont let me serve the notice in person, as he still thinks the section 8 was served, as theyve emailed him disputing the section 8 signature, he claims this is proof of service.

 

This is idiotic, as the Landlord Tenant Act 1954, specifically states if you serve a section 8 or 21 by mail, you need a signed letter from the tenant as a service of authorisation or something.

 

The lawyer basically refuses to listen. & my ageing mother refuses to get rid of him, as he's not charging her ... even though he has no idea what he's doing ...