Hello my name is ***** ***** I will help you with this.
Enforce what contract? The AST or the sub tenancy agreement?
Hello, I mean the sub tenancy agreement.
My current tenant is having problems with the person he previously sublet a room from where he was previously living.
He had a sublet contract which he renewed for 12 months in July but due to health reasons, wanted to move closer to work and moved to my property in August. He agreed with the person he was subletting with that he would continue to pay his rent there until November but is now having problems because that person is now changing what they originally agreed and wanting him to pay longer. I don't believe the notice was agreed in writing so he is now concerned about what to do as he is paying rent to me (on an AST) and rent to the sublet person at the previous property.
I am trying to help advise him what to do. I thought it was a breach of the AST to sublet but he said he had a sublet contract so I don't understand how a sublet contract works and if it is the same as an AST?
Then the sub tenant is bound by the terms of the sub contract. If your current tenant wants to evict, he must get a possession order.
Does that clarify?
Sorry I don't understand so please can you clarify.
My tenant is now living at my property under an AST. His 'landlord' of the previous property is a tenant with an AST but gave him a subcontract.
So how can a tenant under an AST obtain a possession order when the subtenant has already left (he is not living at that property anymore)? He is not living there anymore, he is now living at my property under an AST. The issue is with the previous property not mine.
Then the Landlord can just seek possession. If the person living there does not have a contract, then you can get a possession order anyway
Why is this relevant if the sub tenant has moved out?
As to whether subletting breaches the AST, only if the AST prohibits it.
The sub tenant left the property after only one month of signing a new subcontract so he agreed with the person he was renting from that he would continue to pay the rent until November. Now the person he was renting from is trying to extend the period longer than November. Can the sub tenant do anything to come out of this contract? He moved out in August but has been continuing to pay rent.
I cannot rate the answer as the question has not been answered. Please see my response below to your question. The question is about whether the subtenant is legally committed to continue paying the rent given the whole circumstances which are outlined throughout the replies here.