We have now moved to our new websites - [England](https://england.landlordsguild.com) or [Wales](https://wales.landlordsguild.com)
We have now moved to our new websites - [England](https://england.landlordsguild.com) or [Wales](https://wales.landlordsguild.com)
powered by bulletin

Question

Preventing Controlling and Recovering Rent Arrears (England) | Types of Tenancies (England)

eviction sub tenant on rent arrears

28 Mar 2018 | 2 comments

Head LL let to tenant on AST, oral agreement that tenant can sublet, sub T not paying rent and good for a s8, would the head LL be the claimant in such a situation? there is an AST between tenants and subtenant with tenant as LL

Answer

2 Comments

  1. guildy

    Assuming the first tenant doesn’t occupy the property and has sub-let, then the first tenant is likely the claimant as they are the landlord of the sub-tenant occupier.

    Check that the tenancy between head landlord and first tenant is still in term or has a continuation clause (an AST is not appropriate) because the sub-tenant occupier could now be the tenants of the head landlord.

    See our rent to rent article for more information.

    • eden2011

      the head tenant has an AST with head LL which fixed term ended dec 2016, which is now statutory periodic… there is an addendum as part of this which states ‘you are allowed to let any employees of the xxxx hotel stay at the property’

      The head tenant issued AST to sub tenant (employee of xxxx hotel’ and its still in fixed term

      Would appreciate response before the holidays if at all possible

Submit a Comment

View your previously asked questions. (Will only show questions from August 2020)

(Link above back to topic only works for questions added after end of August 2020)