Sublet Gone Wrong

[Deleted User]

Morning folks. After some advice regards evicting a subtenant, for someone else.

The subtenant has no contract and has been making a contribution (sometimes missed) to the tenant named on the contract. The landlord is aware, all fine there.

This subtenant has proved difficult to live with and, following abusive behaviour and implied threats of violence, the tenant thinks it's best the arrangement come to an end as fast possible.

He wants him out at the end of the week. Bearing in mind no tenancy agreement and that no money will have exchanged hands tomorrow (the usual date the tenant takes it and pays the landlord), is this legally possible? The subtenant also owes the tenant several hundred pounds for something else; don't know if that would be relevant.

Advice much appreciated. I myself once needed a subtenant to leave quickly and called the police, who were helpful. That was years ago though and I'm a bit confused about civil law, etc.

Thanks!

BrassicWoman

subtenant or lodger? i.e. where does the primary tenant live?

jbainbridge

Sounds like they are a lodger and as such have very few rights. Ask them to leave.

pmlindyloo

Power_Kitten wrote: »

Morning folks. After some advice regards evicting a subtenant, for someone else.

The subtenant has no contract and has been making a contribution (sometimes missed) to the tenant named on the contract. The landlord is aware, all fine there.

This subtenant has proved difficult to live with and, following abusive behaviour and implied threats of violence, the tenant thinks it's best the arrangement come to an end as fast possible.

He wants him out at the end of the week. Bearing in mind no tenancy agreement and that no money will have exchanged hands tomorrow (the usual date the tenant takes it and pays the landlord), is this legally possible? The subtenant also owes the tenant several hundred pounds for something else; don't know if that would be relevant.

Advice much appreciated. I myself once needed a subtenant to leave quickly and called the police, who were helpful. That was years ago though and I'm a bit confused about civil law, etc.

Thanks!

Since the tenant lives with this person, whether a sub tenant or a lodger they are an excluded occupier.

As such they need to be given reasonable notice - say a week.

If the subtenant/lodger is abusive/threatening then the police can be called and they can be removed. Your friend then needs to change the locks (they need to inform head landlord)

Small claims court procedure for money owed if your friend thinks they are likely to get any money from them.

[Deleted User]

The primary tenant lives in the house. A bit of reading tells me that the problematic person is an excluded occupier with little rights. Would the lack of tenancy agreement mean there doesn't have to be reasonable notice? And what is reasonable anyway, given the abusive behaviour?

EDIT: sorry, didn't see the response above this one!

kinger101

Find out for definite whether they are a lodger or tenant. The lack of a written tenancy agreement might suggest the former, but tenancies can exist without a written contract.

https://www.citizensadvice.org.uk/housing/renting-a-home/tenancy-agreements/

http://england.shelter.org.uk/get_advice/sharing_and_subletting/subtenants

You might contact Shelter for clarification.

If they are a lodger, I'd give say one weeks notice. I'd reduce this to nil if there is any threat of violence and simply change the lock when they are out then arrange a time for them to collect their stuff when someone else can be present. If you expect a disturbance, you could inform the police.

Threats of violence should be reported to the police anyway TBH.

As for getting money back, going through the small claims court is only the first step in getting money back. If they're broke, they might not pay. And they might not pay even if they have the money, in which case, you'd need to get a judgement enforced. It might not be worth the hassle.

G_M

kinger101 wrote: »

If they are a lodger, I'd give say one weeks notice. I'd reduce this to nil if there is any threat of violence and simply change the lock when they are out then arrange a time for them to collect their stuff when someone else can be present. If you expect a disturbance, you could inform the police.

Threats of violence should be reported to the police anyway TBH.

As for getting money back, going through the small claims court is only the first step in getting money back. If they're broke, they might not pay. And they might not pay even if they have the money, in which case, you'd need to get a judgement enforced. It might not be worth the hassle.

This. If worried about violence, speak to the local police before evicting, so they are aware of the potential for a breach of the peace. They might even attend to stand by if they take it seriously, though they tend to treat landlord/tenant/lodger issues as 'civil' not 'criminal'.

But B ot P is criminal

[Deleted User]

Thanks folks. A week's notice it is.