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Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am the lead tenant in a two bed flat. My sub tenant who lives

Resolved Question:

I am the lead tenant in a two bed flat. My sub tenant who lives with me has consistently been behind on paying rent and I want to evict her. Can I issue her with notice according to the excluded tenancy clause or do I have to go to court?
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
I assume you don't sublet to the sub tenant but they are also a main tenant?
Customer: replied 1 year ago.
In this case, I am the lead tenant as she pays me rent and the sublease agreement is signed between me and her. The master lease is between me and the landlord and I have the consent of the landlord to sublet. Given that she shares a common living area with me (kitchen/living room), am I her immediate landlord and does this fall under the excluded tenancy exception? I have attached the two tenancy agreements for you to consider.If so, what is the correct procedure for eviction given she is still in arrears £800?Many thanks,Byron
Expert:  Ash replied 1 year ago.
In effect you are a live landlord?
Customer: replied 1 year ago.
That's what I am hoping to get clarity on. I rent the property from the landlord. He gave me permission to sublet the second bedroom. I entered into a separate sublease agreement with Lisa to sublet the room to her. We share all the common areas. Would that make me a live-in landlord according to the contracts sent and if so can I exercise the excluded tenancy clause? I used the premises as my principal residence prior to her tenancy and plan to subsequently also. What is the correct procedure to evict here?
Customer: replied 1 year ago.
The main landlord does not live here just for the record, it is just myself and the subtenant.
Expert:  Ash replied 1 year ago.
Yes thank you. I would consider you to be the landlord and it depends on the agreement you have with the sub tenant. If it says it's a lodger agreement you don't need to to to court. But it must say lodger. If not then I would always seek a possession order.
That way you protect yourself from facing any unlawful eviction and indeed bailiffs can evict if they refuse to leave.
Can I clarify anything for you about this today please?
Customer: replied 1 year ago.
Thank you for the clarification. Is my use of the excluded tenancies clause defeated simply defeated because she is not referred to as a lodger? Looking at the Housing Act 1988, that particular word is not used in the excluded tenancy definition and would feelit highly inequitable should my case fail on that ground.
Expert:  Ash replied 1 year ago.
Yes but the risk is this, if you don't get a court order you potentially face an action for an unlawful eviction. Do you want to go through all that and have a legal argument at court, instruct a solicitor and risk a potential loss in legs. Costs when all you need to do at this stage is get a court order?
That seems less risk, cost effective and you won't even need to handle any eviction
Customer: replied 1 year ago.
Ok I understand. Do I have enough grounds on which to get a court order given the above information?
Expert:  Ash replied 1 year ago.
Yes you do.
Does that clarify ?
Customer: replied 1 year ago.
Also, do I need to give them a Section 8 notice to quit first or do I just seek a court order directly?
Expert:  Ash replied 1 year ago.
Just seek a court order, no section 8 notice as its not an AST. But I would serve a notice to quit first.
Customer: replied 1 year ago.
Thank you for your help!
Expert:  Ash replied 1 year ago.
Happy to assist.
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