Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Are you a tenant as well please?
Why wont he move out?
The tenancy is in my name only. I paid the rent out of my bank account and the council tax was paid and in my name only. I have my own home that I own, but was doing a favour for my brother as he could not rent a place in his own right as he does not have good credit or earn enough so could not even get lease in his name and me as a guarantor.The estate agents knew that I was renting it but my brother would be living in it for a 2 year period although a one year lease was signed and renewed last year for another year that expires on the 29th July 2014. The landlord believes I am the tenant and living there! There was never any question I would only do this for a two year period so from day one he knew he was supposed to go at the end of the month. So I assume if she has to serve notice it will be served on me even though I do not live in it. My brother is just being difficult we have a very difficult relationship - hindsight a wonderful thing and should never have tried to help him out.
Ok - this is what will happen/
If you give notice to the Landlord that you wont renew or the Landlord serves notice he/she doesnt renew then you and your brother will have to move out
The tenancy will come to an end when you move out
If your brother is still there the Landlord will have to issue proceedings to evict
He will do this and the matter will be listed at Court
Once the Court gives possession and the Court will if the paperwork is correct, your brother will have a limited time to move out before bailiffs come and evict him
Can I clarify anything for you about this today please?
How will he get served notice if I am the tenant? The landlord will serve notice in my name and then the possession order will be in my name as I am the listed tenant and landlord does not know he exists. Even if the landlord is to find out that it is him in the flat can she serve notice on him even though I am the only listed tenant?
In effect he will be a trespasser at that point
But in effect you may be liable as he is your lodger
He is there because you have permitted him
The landlord may seek to recover costs from you and you in term may need to recover costs from him
And what can I or the landlord do? Can I evict him myself? How will he be evicted?
If he is a lodger you can evict by just throwing him out
Give him 1 or 2 weeks and say thats it
Then you can throw out and change the locks
The Landlord would need a Court order to evict once you move out
I am not in the property. So are you saying that I need to wait for the landlord to serve me notice although I am not even living in the property. And then I can just change the locks as he is my lodger. Or can I just change the locks as he is my lodger and therefore the landlord does not need to go to court?
Does he live there alone?
Yes you did
In that case either you or the Landlord needs a Court order to evict him
He is a sub tenant of yours
Or you are the tenant of the Landlord
I am just the tenant of the landlord. So I guess is he either a lodger or a sub tenant although I am not allowed to sublet? If a tenant of mine - not sure how as I received no benefit from him I paid the landlord out of my own money for him to live there without any compensation from him.
Ok - either you or Landlord needs a Court order to remove him
You need to issue a claim for possession
The Landlord can do it, but then you would be liable for the cost as the agreement is in your name
I as a tenant can issue a claim for possession?
Yes against a sub tenant
You are seeking possesion of property which is rented to you
The same with a freeholder leasing (or renting) to a Tenant (like a flat)
And then the tenant renting it out
But you need to get a court order to remove him if you are not living there too
Ok will that be a section 21 as the tenancy has come to an end?
He is a sub tenant so he has no agreement
Its not a section 21
You just issue a notice to quit
So I issue a notice to quit and then once he does not leave on the required date I can apply to the courts for a possession order immediately after the tenancy end date I do not have to wait any specific period like for non payment of rent?
He has no agreement
So you just want to take possession back
Can I clarify anything else for you?
No thank you very much
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