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cityguru, Solicitor
Category: Property Law
Satisfied Customers: 13329
Experience:  solicitor
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i own completely a leasehold flat, my son lives in it and

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i own completely a leasehold flat, my son lives in it and pays water, electricity and rates . is that sub let?
It is a sublet if you have given him the right to exclusive occupation and he pays off the privilege. If you are merely letting him occupy free of charge and retain the right to occupy it yourself he is portably just a mere licensee. If the issue is subletting in breach of the terms of the else then letting a family member occupy free would not normally count as subletting or breach the lease terms. If you r congener is getting possession back then it does not matter whether it is a sublet or not if he is in occupation you would need a court order to get him out.
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