Problems with New Tenants - Where does the LA's responsibility end?

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L
LaRubia
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I had new tenants move into a 5 bed house in London on 3 Jan. To avoid having to obtain an HMO licence I decided to use an agency in order to attract professional tenants who could afford to rent this kind of house. I requested four tenants only and made it very clear that there were only to be four people living there due to HMO conditions and also for wear and tear reasons. I had several offers - 3 or 4 - one of which was from a group of 5 who offered me $20 over the original asking price per week. Ultimately, I decided to opt for a group of 4, as I had stated, for $30 under the asking price as I was assured they were responsible, good tenants, etc.

After visiting the house yesterday to bleed the radiators, I discovered that there are actually what appears to be 5 individuals living in the house and I am now in a quandry about what to do. Aside from the lost income that I could have gained from going down this route originally, I am angry about the deception and worried about the implications of not being HMO licenced.

Given that it is a very new tenancy - what are my rights with regards to the letting agency - I have paid them approx 5,000 pounds to find me quality tenants and now I am left with this problem 2 weeks after the tenancy begins. I used to have a Contractual Tenancy agreement because of the yearly income earned but now, due to legislative changes, the new tenants have an Assured Shorthold Tenancy. What exactly can I do in this situation within the bounds of this agreement?

Thanks for your help.


27/01/2011 00:00

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