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Question

Landlord Wants Tenant to Leave (England) | Preventing Controlling and Recovering Rent Arrears (England) | Sub-letting and Assigning Tenancies (England)

sub letting question

25 Jan 2017 | 1 comment

Original tenant has sublet and left the property and is taking rent from the the sub-tenant and not paying the landlord. The sub tenants are paying rent to the tenant and were duped and are now cooperating with the head LL. Thus there are 8 months rent arrears to the head landlord. How does one process with possession?

Could the sub tenants be given new tenancy in another property? and then what happens with the original tennat?

Answer

1 Comment

  1. guildy

    If the original tenancy has a forfeiture clause (a clause that says if don’t pay rent or breach, tenancy ends) and as the tenancy has ceased to be an assured shorthold by the tenant moving out, the forfeiture clause could be enforced. As possession isn’t required from the original tenant, a court order wouldn’t be needed.

    An act of forfeiture, can be by way of granting a tenancy to the sub-tenants. Therefore, head LL can grant the sub-tenants a tenancy and that should bring the original tenancy to an end.

    Even if it’s more complicated than this and a court order ought to have been obtained (often landlords will miss out important bits of information), because the original tenant owes so much money, it would be unlikely head LL would owe anything as compensation because it could be offset from the arrears.

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