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Question

Ending a Tenancy (England) | Landlord Wants Tenant to Leave (England) | Types of Tenancies (England)

evicting sub-tenants

2 Jul 2018 | 1 comment

Just to clarify the position in terms of possession where there is are sub-tenants

Mesne tenancy has not been ended though LL knows they have left and are not living there anymore. There are 4 subtenants (2 couples) and the rent is being split between the couples and has been paid into the LL bank account, one of the couples are 3 months in arrears. (the LL has not gave permission to sub-let but has accepted the rent form the sub-tenants)

There are more than 2 months arrears in total rent owed. Does one have to serve s8 on the mesne tenant for subletting AND rent arrears (as its not ended by surrender or court order) for the 3 months arrears then acquire a possession order for the mesne tenant? because half of the rent has been paid by one couple, how does one evict the sub-tenants? does their tenancy automatically end when the mesne one does?
The names of subtenants are unknown, not sure how to address the eviction of the sub-tenants

Answer

1 Comment

  1. guildy

    We think the head tenancy has come to end and the occupiers are now the AST tenants of the head landlord. The start date of the new tenancy is from when they started paying the landlord rent directly. Section 8 and 21 against the occupying tenants.

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