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I assume this is a commercial property? Does the agreement allow for sub-letting?
No this is a private property (flat) and the tenancy agreement states 4 names of the original tenants and there is a sub note that says "Please note the above people are noted as authorised to reside within the property but may not be in occupancy for some of the tenancy term". At no point does it state that sub-letting is allowed.
Thank you. In that case you can evict the tenants not named but you need a Court Order.
You would first need to write and ask them to leave within 28 days.
If they refuse then you can issue proceedings. This can be done online at: https://www.possessionclaim.gov.uk/pcol/
The Court will list the matter for hearing and decide whether to make a possession Order.
If granted they will have to leave, if not then they can be evicted and bailiffs sent.
Can I clarify anything for you about this today please?
Even though they aren't named is there any back door get out as this is being let through a firm to another firm? I am planning on going to the offices of our letting agent tomorrow to discuss this matter with them.
No. You are the Landlord and unless there is a clause allowing to sublet then they can not.
Does this help?
Just one last thing if I may, our letting agent said that we had to issue 2 months notice to say that we didn't want to extend the contract beyond the initial six months. is this a legal requirement? As I can't find any information on their website or any other sites.
2 months is a legal requirement yes.
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