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Disrepair and over occupation

Rose got in touch about concerns she had about her tenancy after completing a routine 6 month inspection of the house.  She found her property in a very poor state of repair with significant damage caused by condensation as the house wasn’t being property ventilated. There was also evidence to suggest that additional people may been living there. 

Rose was worried about the safety of the tenant but obviously concerned about health and safety issues and her liability if other people were living in the house.  By the time she got in touch with us she had asked a surveyor to assess the damage and wanted to know if she could issue notice to quit as a result of the damage.

We advised Rose to chat to her tenant and given that a fixed term contract was in place she needed to look at the tenancy agreement to identify any breaches.  With regard to her concerns about potential over occupation of the property we encouraged her to check for mention of unauthorised tenants in the contract. We also cautioned rose that over occupation could run the risk of her property being considered an unlicensed HMO therefore running the risk of a fine.