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Tenant vacating question

I have a tenant who wishes to vacate a flat I own. He's been there lots of years, and he's been sub-letting a room to a friend of his. They have both been there maybe 10 years. And, yes, of course the tenancy agreement forbids subletting.

The tenant now wants to leave and just thinks that's fine, leaving me with his friend. I'm not convinced the friend can afford the rent on his own (if I give him a lease), so presumably that's a whole new round of sub-letting to people I won't have vetted.

Besides that, the flat needs a refurb, and this is the opportunity to do it, once the place is empty.

Any suggestions on the best way to handle this, please? Or is it going to be really awkward whatever I say?
No reliance should be placed on the above! Absolutely none, do you hear?

Comments

  • anselld
    anselld Posts: 8,660 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Explain that he will be liable for double rent if he does not vacate (including sub tenant) in line with his notice.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    He’s not subletting... so no breach there.

    BUT anselld is spot on.
  • Did you know he was sub-letting?
  • tacpot12
    tacpot12 Posts: 9,338 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper
    You could meet with the potential new tenant to discuss whether he could manage the rent, or whether we would need to sublet. Do you want the cost of vetting each new sharer, or would you rather he took the risk of inviting a lodger into his home and had to deal with the problem of getting rid of them? I think the latter would be a lot less trouble for you.

    If the place needs a refurb, you only have two choices; do it while it is empty or work around the tenant. Working around one tenant will be easier than two. You could discuss with him what changes he would like made, and try to incorporate these into the refurb, in return for which he will find another friends house to stay at for a couple of weeks to allow the refurb to be completed. Hopefully he can get a lodger lined up to join him around the time the refurb is done.
    The comments I post are my personal opinion. While I try to check everything is correct before posting, I can and do make mistakes, so always try to check official information sources before relying on my posts.
  • Cakeguts
    Cakeguts Posts: 7,627 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    Tell the tenant that when he leaves his lodger leaves as well.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Is this Eng/Wales?
    Has he served notice?
    How?
    What notice period?
    Expiring when?
    Is his tenancy now periodic?
    If yes, monthly?
    What are the period dates?
    If fixed term, what dates?

    Or is he requesting a Early Surrender?
    If yes, have you agreed?
    How?
    With what terms if any?

    Answer all questions and get proper responses!
  • Craig1981
    Craig1981 Posts: 769 Forumite
    Third Anniversary
    if the friend has also been there 10 years and you knew about it, may be difficult to just kick him out as well
    as above replies suggest - speak to the remaining party - i assume your rent has been paid for last 10 odd years?

    personally, i would offer a 6 month tenancy, and if you want your property back to refurb empty, serve s21 when tenancy expires. it may be he wont want to sign and will leave on his own...
This discussion has been closed.
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