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Question

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

Sub tenancy issue

14 May 2021 | 3 comments

Head tenant has left by way of Sebring notice upon landlord and paid all the rent. Head ll enters the property to find a sub tenant there, now because the  head tenancy has ended is the occupier a trespasser ? Sub tennat has forged a tennacy agreement between himself and the head landlord

Answer

3 Comments

  1. guildy

    Tricky as it’s not entirely clear.

    From what’s described, they sound like a trespasser.

    The landlord (owner) could try using the trespasser procedure as that will flush out all necessary details in the court. If it’s found to be wrong, it would fail but at least then the occupier will be forced to provide necessary evidence allowing the landlord to make a normal claim if necessary.

  2. eden2011

    I thought if a head T ends their tenancy blogs NTQ then the sub-t automatically becomes T of the head LL ?

  3. guildy

    That would be the case if the tenant is “lawfully” sub-letting and the occupier is an assured shorthold tenant. You mentioned the occupier forged an agreement which indicates there’s no “lawful” sub-letting.

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