Tenant not paying but we are letting without consent on help to buy scheme

My partner bought a 1 bed flat on the government’s help to buy scheme a couple of years ago, and almost immediately we found out we were pregnant! We continued to live there during the pregnancy and for a while after the baby arrived, but it was just too small for the three of us so we had to find somewhere else.

On the scheme you’re not supposed to rent the property for 5 years, but my partner didn’t want to lose the asset, so she decided to take the risk and rent it without telling the lender.

Problem is, now we have a tenant who hasn’t paid rent for two months and is refusing to leave (for the time being at least). He claims he’s fallen on hard times and has nowhere else to go, and he may be telling the truth (it’s not clear). But bottom line is we need the income to pay our own rent, so we need him out asap.

We’re currently talking to solicitors, but I suppose our main concern at the moment is whether getting him evicted is likely to drop my partner in hot water for renting without consent.

Any help would be greatly appreciated!

Alan