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Question

Sub-letting and Assigning Tenancies (England) | Types of Tenancies (England)

subletting issue

31 Jan 2018 | 3 comments

Tenancy taken out oct 2016 and AST contract ended oct 2107, in May 2017 head tenant sublet without permission, head tenant left in May 2017. Now because the head tenancy has ended (i.e. fixed period) can proceedings be brought against the sub-letters without the requirement to end the head tenancy, or is it now periodic which means that this tenancy needs ending first?

In addition the sub letters have offered to pay rent but it has not been accepted since last November, can a s8 be used?

What would be the best approach?

Answer

3 Comments

  1. eden2011

    I’ve read it but I’m not clear on when the mesne tenancy fixes term has ended but the agreement states tha it goes periodic after the fixed term.

    If it’s the case that the mesne tenancy is still ongoing then possession must be sought from the mesne tenant correct?

    In this case the head LL hasn’t actually taken any rent from the sub Tennats but has engaged in discussions about them paying rent since establishing that they had sub tenants for now 2 months but has not been able to actually get any rent or firm agreement with sub Tennats, and now they stopped communicating and are not paying any rent

    Could the tespasser route be used?

  2. guildy

    The trespasser procedure won’t be suitable because that procedure does not include claims against tenants or sub-tenants (there is no distinction as to whether it was lawfully sub-let or not).

    Therefore, normal procedure will be used.

    Please see here for further details

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