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Evicting a previously unknown sub-tenant
NewLandlord
Posts: 23 Forumite
I am writing to seek some friendly advice.
I let my house in Greater London through letting agents on a 12-month Assured Shorthold Tenancy Agreement. On the expiry of the agreement the tenants (husband and wife) were on a rolling monthly contract. The wife indicated that they wanted to vacate the property and suggested that one or two persons they knew who could move in. We told them that any change would have to be made through the letting agents and a date and time was agreed and an appointment made for one tenant (the wife) and ourselves to meet the letting agents. She did not turn up for the appointment with the letting agents. Later that day we received a text message from the husband (who was out of the country at the time) that his wife has also left the country and that she would back to see the letting agents to terminate the tenancy agreement. However she has not been to see the letting agents since then.
A day or so later we received a call from someone claiming that his “people” have moved into the house. We assume that he received the keys to the house from the legal tenants. The letting agent phoned and explained to him that what he has done is not legal (as the original contract expressly forbids sub-letting without the landlord’s prior consent) and to arrange a meeting to put the move on a legal footing. However, this person has not been to see the letting agents.
I am naturally very uncomfortable with this situation and would appreciate any advice on how best to progress from here on with terminating the contract with the original tenants and evicting the people who have moved in without my or the letting agents permission or even knowledge.
I let my house in Greater London through letting agents on a 12-month Assured Shorthold Tenancy Agreement. On the expiry of the agreement the tenants (husband and wife) were on a rolling monthly contract. The wife indicated that they wanted to vacate the property and suggested that one or two persons they knew who could move in. We told them that any change would have to be made through the letting agents and a date and time was agreed and an appointment made for one tenant (the wife) and ourselves to meet the letting agents. She did not turn up for the appointment with the letting agents. Later that day we received a text message from the husband (who was out of the country at the time) that his wife has also left the country and that she would back to see the letting agents to terminate the tenancy agreement. However she has not been to see the letting agents since then.
A day or so later we received a call from someone claiming that his “people” have moved into the house. We assume that he received the keys to the house from the legal tenants. The letting agent phoned and explained to him that what he has done is not legal (as the original contract expressly forbids sub-letting without the landlord’s prior consent) and to arrange a meeting to put the move on a legal footing. However, this person has not been to see the letting agents.
I am naturally very uncomfortable with this situation and would appreciate any advice on how best to progress from here on with terminating the contract with the original tenants and evicting the people who have moved in without my or the letting agents permission or even knowledge.
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Comments
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Has any rent been received by you or your agents from the new "tenants"?
If so then a de-facto tenancy has been formed with the new tenants.
If not then serve notice on the original tenants and apply to the Courts for posession. Once posession is granted then the illegal occupiers become squatters and you can have them removed.0 -
Thank you for your reply.
I checked my account (paid via the letting agency) and no money has been recieved from the old tenants and I havre instructed them not to take money from anyone else's account.
I was also thinking of joining the National Landlords Association or the Residential Landlords Association to use their free members' helpline. Does anyone have experiences with them?0
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