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Question

Landlord Wants Tenant to Leave (England) | Sub-letting and Assigning Tenancies (England) | Types of Tenancies (England)

evicting sub-tenant with permission

5 Aug 2017 | 1 comment

The sub tenant has permission as the contract (AST) is with an company who is permitted to let to sub-tenants. The main tenant is now 2 months arrears, what would be the best way to get full possession from both tenant and sub-tenant

Answer

1 Comment

  1. guildy

    Firstly, the tenancy with the company is NOT an AST because that’s impossible in law. It will therefore be a contractual tenancy (despite what it may say on the document).

    We assume the actual occupiers are assured shorthold tenants as there is nothing to suggest otherwise from the question.

    The first thing that needs to be done is to end the head tenancy (with the company). This will depend on the terms of the agreement but may need a months notice to quit or, it may be possible to forfeit the tenancy without notice (which can be complex and would need a special term allowing this).

    Once the head tenancy has ended, section 18 Housing Act 1988 states that the assured shorthold occupiers then become the assured shorthold tenants of the head landlord (now the owner of the property and no longer the company letting). Those occupiers (now the head landlords tenants) can then be brought to an end in the usual way (section 8 or 21 as appropriate then court order).

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