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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7620
Experience:  UK solicitor holding an England and Wales practising Certificate.
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Hi I have an issue with subtenant. Situatuation is: Im renting

Resolved Question:

Hi I have an issue with subtenant. Situatuation is: I'm renting property from Landlord through the agency. In tenancy agreement there was a clouse that I can not sublet, but Landlord knows that I sublet room to someone else. In his words: I understand London is expensive so if I have someone no problem as long as I look after the room get clean and good person.
The subtenant I got now had lived for a bit longer than a year. When he moved in I made him clear that he can't claim housing benefits during the time he lives. But he did by lying to me that he need writen proof for council that Landlord lets him room through me, but I suspected that something ''fishy'' about request, as he claimed that he needs this for council to prove that he moved from previouse property. I did not give him any of that. As I found out later he did tryed to aplly for housing benefits and they refuse to give him.
Now my tenancy is ending, I just recieved notice to quit from agency to vacate the property by 6th October, as Landlord want to sell the property. The Landlord himself told me if I found where to live earlyer than time stated above that is fine with him. I already found where to live, and could move out fast as I was in good relationship with Landlord.
But I hit unexpected problem with my subtenant, 5 weeks back he went to his country he said that to look after his mum, she was in hospital. 2 weeks after he stoped paying his rent I texted him he sain when he comes back he will pay 100%. When he got back after 5 weeks he sudenlly said to me that he is not going to pay me any rent, becouse I'm not landlord and our tenancy agreement in invalid. And if he wants he can couse me big trouble from council and agency that I'm letting unlegally. I said What doas he want from me to leave the property. He started threaten me: eather I pay him amount of money wich he would recieved in succesfull benefit claim, or he will go and complain to any passible chanel to couse a trouble stating that he is right to stay in his room for free now as long as he wants and that I cannot evict him. Personaly I don't care if I loose my deposit if agency decides to evict us, becouse I already have where to live.
My issue is how can I evict my subtenant?, and give landlord his property empty becouse I had good relationship with him.
And what max damage he can couse me?
Thank you.
Submitted: 3 years ago.
Category: Property Law
Expert:  Thomas replied 3 years ago.
Hi
Thanks for your question.
What terms of occupation did you agree with the subtenant?
Kind regards
Tom
Customer: replied 3 years ago.
Simple hand writen agreement that he pays rent every wednesday weekly £100 the price includes gass, water, electricity, internet and shared use off kitchen and bathroom. I any of us decideto terminate this agreement we give 4 weeks notice to quit.
Expert:  Thomas replied 3 years ago.
Hi,
Did it state that there was a fixed term of the agreement?
Tom
Customer: replied 3 years ago.
No it did not. I only agreed verbaly with him min 6 months.
Expert:  Thomas replied 3 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
This is a bit of a mess.
Your best bet is to argue that because you did not agree a fixed term that your agreement with the sub-tenant is a lodger agreement because you reside in the property with him. On this basis you would only need to give the notice required in the agreement with him and, once this has expired, you could change the locks because you need not apply for a court order for possession to evict a lodger.
The danger might come if he claims that you have granted him an assured shorthold tenancy, but provided that you are able to show that you did not agree a definite fixed term and that you did not give him exclusive possession you should be okay.
I doubt he’s going to be able to cause you much trouble with the council in this regard.
I would write to him giving him the notice required under your written agreement and stating that you will evict him once the notice has expired. State that you consider that he has breached his agreement and reserve the right to recover damages from him at a later date.
Chances are he’s just trying his luck.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
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Customer: replied 3 years ago.
What he was saying to me I might have to back pay all money to Landlord what they paid. But as far as I'm aware that can only happen when Landlord in not aware that subleting happening. And in my case the Landlord is awere of me subleting.
Expert:  Thomas replied 3 years ago.
Yeah, he's just trying it on. You won't have to do that.
Kind regards,
Tom
Customer: replied 3 years ago.
So for now he can stay even he is not paying rent, all I need to do is serve him notice of 4 weeks as I stated in our agreement. Should I contact Landlord and inform him about situation? Can I change the locks earlyer? When I do change them should I get all his posessions out from house, place them in self storage or something?