If a Landlord or Letting Agent knowingly allows too many persons to reside in a dwelling they may breach HMO, licensing, planning laws pertaining to number of occupants in a dwelling.see related section PIMS Rent rooms vs House share
A Tenant has the lawful right to have a guest and an action of denying them could be construed as harassment. The Tenant by the action of having a guest could make the property overcrowded. In the first instance talk to the Tenants about the situation of the guest [may be a relative on Holiday]. If you feel that they have exceeded the definition of what is 'classed' as reasonable of being guest based from what they initially told you, then consider sending a letter re: Unauthorised Guest. If you this then do then you have at least covered your back.
If two people of the opposite sex have to sleep in the same room, the accommodation will be overcrowded unless the two people are:
The number of people of the same sex (unless they are a same-sex couple) who can sleep in one room is restricted by the size of the room (see below).
Rooms that are counted include living rooms, bedrooms and large kitchens. For the space and floor area calculations:
Immigration Act revised 2016 should a landlord or letting agent fail to ensure ALL tenants/occupiers have a righto reside for the duration of the tenancy then they may be fined £3000 for each breach. The Secretary of State may instruct the landlord to remove such persons without the need of a court order by way of reasonable force
Labour market enforcement - restriction on illegal migrants to work. A labour market enforcement undertaking (an “LME undertaking”) is an undertaking by the person giving it (the “subject”) to comply with any prohibitions, restrictions and requirements set out in the undertaking
Under section 42 of the County Courts Act 1984 it is possible for the Court to transfer a matter from the County Court to the High Court for enforcement but leave (permission) of the Court is required first. The transfer time varies from court to court and can take up to 28 days, but normally takes far less. An application to seek permission can be made either at the time of making the possession claim or after possession has been ordered.