Housing association orders tenant to pay £81,000 after he sublet his flat to someone else

A housing association has a court order to get £81,000 back from a tenant after he sublet his flat to someone else – while living in a home of his own abroad.

Hyde’s Tenancy Enforcement team successfully obtained a £81,000 money Judgement [last month] against former tenant Luis Alberto Mendes Monteiro on the Kennington Park Estate.

A call to Hyde’s Customer Services team by a subtenant in October 2019 about a repairs issue, raised suspicions about subletting.

The Hyde tenancy officer managed to establish the tenant was living abroad – he owned and resided at his property abroad as his main home. He had not lived at the address for several years.

Batchelors Solicitors were instructed to act on Hyde’s behalf with regards to the court proceedings.

The possession claim was on the basis of unlawful subletting since at least March 2014.

The tenant surrendered the tenancy in November 2020 – but Batchelors sought a money Judgment for the arrears, unlawful profit order and costs.

The court hearing, on 2 February 2021, satisfied the judge that the former tenant had unlawfully sublet the property – and he was ordered to pay Hyde over £81,000 by 16 February 2021. Further interest will accrue at £17.79 per day.

Bankole Payne, Hyde Tenancy Team Manager, said: “This case demonstrates our tenacity in pursuing this case, despite the challenges involved when investigating and obtaining appropriate evidence.

“This successful outcome is vital given the high demand for social housing. The two bedroom property will now be available to let again to a more deserving family in need.”

David Gethin, Associate Solicitor, Batchelors Solicitors, said: “It is always extremely satisfying to work with a proactive housing association like Hyde who take a strong stance in dealing with tenants who abuse the benefit of having a social housing tenancy, particularly during a pandemic.

“We are very pleased to have achieved such a good result with Hyde.”

Hyde is now seeking further legal advice about the viability of enforcing of the Judgement on the basis that the former tenant owns a property abroad.