Tenant Has Sub Let

[tamborine]

how to clear people from flat leaseholder has sub let to

[boxtops]

Tell them to leave - the leaseholder has no right to sublet without your permission (but check the lease first, there should have been a clause in it emphasising this)

[tamborine]

Flat in England. The tenant signed lease for he & his son to occupy 2b flat but instead lives with a couple in the flat.

[woofgang]

Is it a lease or a tenancy agreement? Is he a leaseholder or a tenant?

[tamborine]

its a tenantcy agreement signed by llord and tenant.

[tamborine]

Ed please move this to Law as suggested

[New Judge]

And if it is a tenancy agreement (or indeed a lease) did it specify who was allowed to live in the property apart from the tenant?

"...but instead lives with a couple in the flat." seems to indicate that he is still living there but has people staying with him. This may not meet the definition of "sub let".

[boxtops]

That's not what I understood either, tambo - sublet (to me) means he's moved out and let it to someone else.

[tamborine]

it was not agreed the tenant allow others to share the flat with him. Others might be paying him rent that llord doesnt receive; isnt that sub-letting?

[ummmm]

No...sub letting is when the tenant moves out and rents it to someone else. If he has someone living with him they are probably paying their share of the rent.

[tamborine]

the t agreement is only between llord & tenant. One adult & child, not for 3 adults.

[ummmm]

Does it say on the tenancy agreement that he cannot have anyone else move in? What if he gets into a relationship?

[sherrardk]

Are they good tenants? Do they pay the rent on time? If so, might be better to rent to them than take the chance on new tenants.

[boxtops]

The original (legal) tenant's still living there, sherrard...

tambo, what does the tenancy agreement say about this?

[tamborine]

TA does say 'no sub letting' without Llords agreement'.

[ummmm]

It's NOT sub letting if he's still living there. He's let someone move in with him.

[tamborine]

Llord would accept couple, if they asked but they havent. Maybe coz they dont want to pay full rent ?

[New Judge]

ummm has highlighted the problems you may face. Even if the tenancy agreement (or lease) stipulates who or how many people may live in the proerty you may face great difficulty having it enforced if the person who signed the agreement still lives there. Of course there are issues of overcrowding to be considered but if this is not a problem you are effectively saying who the tenant may or may not invite to stay in his home. You need to see a solicitor.

[ummmm]

What do you mean full rent?

If the rent is being paid what is the problem?

[tamborine]

He has said that the couple pay him rent.