Updating post from Reddit.
I have a contract with 2 tenants, they are family members. I have discovered one has moved out and another family member moved in.
Can you tell me what steps I need to take please?
They are all from South America. The new person doesn’t have a job, the sister said is self employed because he is doing some jobs in her house. He says he has investment properties in his home country.
If your tenant has left and is living elsewhere. It's no longer their main residence, and therefore it's no longer an AST. People forget about that flexibility, and that a lodger can turn into an AST, but so can an AST can turn into a contractual tenancy. This means you don't need an s8/s21 notice, before apply for a possession order.
> (b)the tenant or, as the case may be, at least one of the joint tenants occupies the dwelling-house as his only or principal home;
If your tenant has sublet to someone who doesn't have a right to rent, they are liable under Immiaration Act 2016 to;
Nothing in the contract has changed unless you agreed to it, the two original people are still on the tenancy agreement (and therefore responsible for the rent, damage, etc).
Does the agreement have a clause about sub-letting? That might be applicable here.
You have two options as a landlord realy - a sturn voice and eviction. The latter would be Section 8 which as grounds for breaking a clause in the tenancy, as such you should check your tenancy. The NRLA standard one lists who can be occupiers.
However, you may choose not to do that. If you have a contract with 2 tenants then they both remain liable (not the new guy).
You may however want to do a right-to-rent check to ensure your not breaking the law.