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Question

During the Tenancy (England) | England | Nuisance and Anti-social Behaviour (England)

Possible Sub Let

30 Jun 2022 | 3 comments

On a recent property inspection I found a different family living at the address and not the named joint tenants. I am concerned that its a sublet, also that I don’t have right to rent on the individuals also there is overcrowding at the property as I believe the joint tenants are possibly living there. What steps can I take to request the other occupants to leave, I have a Guild agreement and I know the clauses don’t permit this but I am unsure how to enforce.

Answer

3 Comments

  1. guildy

    We would serve section 21, 2 months’ notice to cover your position and assume that the tenants live there. This is the more straightforward option, and crucially you don’t give a reason, so you don’t need to know the position for sure.

    As a separate point, you could also write to the tenant saying subletting is prohibited, and if other persons are occupying, they must leave.

    These two separate actions will assist if the council were to be called for overcrowding.

    That gives you two months whilst enquiries are made for the notice to expire, and if not resolved or not sure, you should issue proceedings and get someone else in the property.

  2. Property2008

    Sorry I forgot to explain the tenancy is one month into a 6 month agreement so unable to use section 21

  3. guildy

    In that case, you could serve section 8 on ground 12 (breach of tenancy). You’d need considerable evidence to go to court, which we wouldn’t recommend on that ground but no harm in serving the notice and seeing if it generates a reaction.

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