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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I took on a tenancy agreement in my name and paid rent and

Resolved Question:

I took on a tenancy agreement in my name and paid rent and council tax but never lived there as it was for my brother for a two year period. Tenancy is ending at end of month as the two years are up. But now my brother is saying he is not moving out. What can I do?
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts :

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.

Alex Watts :

Are you a tenant as well please?

Alex Watts :

Why wont he move out?

Customer:

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.

Alex Watts :

Ok - this is what will happen/

Alex Watts :

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

Alex Watts :

The tenancy will come to an end when you move out

Alex Watts :

If your brother is still there the Landlord will have to issue proceedings to evict

Alex Watts :

He will do this and the matter will be listed at Court

Alex Watts :

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

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

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?

Alex Watts :

In effect he will be a trespasser at that point

Alex Watts :

But in effect you may be liable as he is your lodger

Alex Watts :

He is there because you have permitted him

Alex Watts :

The landlord may seek to recover costs from you and you in term may need to recover costs from him

Customer:

And what can I or the landlord do? Can I evict him myself? How will he be evicted?

Alex Watts :

If he is a lodger you can evict by just throwing him out

Alex Watts :

Give him 1 or 2 weeks and say thats it

Alex Watts :

Then you can throw out and change the locks

Alex Watts :

The Landlord would need a Court order to evict once you move out

Customer:

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?

Alex Watts :

Does he live there alone?

Alex Watts :

I see

Alex Watts :

Yes you did

Customer:

Yes.

Alex Watts :

In that case either you or the Landlord needs a Court order to evict him

Alex Watts :

He is a sub tenant of yours

Alex Watts :

Or you are the tenant of the Landlord

Customer:

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.

Alex Watts :

Ok - either you or Landlord needs a Court order to remove him

Alex Watts :

You need to issue a claim for possession

Alex Watts :

The Landlord can do it, but then you would be liable for the cost as the agreement is in your name

Customer:

I as a tenant can issue a claim for possession?

Alex Watts :

Yes against a sub tenant

Alex Watts :

You are seeking possesion of property which is rented to you

Alex Watts :

The same with a freeholder leasing (or renting) to a Tenant (like a flat)

Alex Watts :

And then the tenant renting it out

Alex Watts :

But you need to get a court order to remove him if you are not living there too

Customer:

Ok will that be a section 21 as the tenancy has come to an end?

Alex Watts :

He is a sub tenant so he has no agreement

Alex Watts :

Its not a section 21

Alex Watts :

You just issue a notice to quit

Customer:

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?

Alex Watts :

Yes

Alex Watts :

He has no agreement

Alex Watts :

So you just want to take possession back

Alex Watts :

Can I clarify anything else for you?

Customer:

No thank you very much

Alex Watts :

Great.

Alex Watts :

If I could invite you to rate my answer before you go

Alex Watts :

If the system wont let you please do say

Alex Watts :

If you need more help please click reply

Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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