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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

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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?
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 2 years 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
In effect you are a live landlord?
Customer: replied 2 years 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 2 years ago.
The main landlord does not live here just for the record, it is just myself and the subtenant.
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 2 years 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.
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 2 years ago.
Ok I understand. Do I have enough grounds on which to get a court order given the above information?
Yes you do.
Does that clarify ?
Customer: replied 2 years ago.
Also, do I need to give them a Section 8 notice to quit first or do I just seek a court order directly?
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 2 years ago.
Thank you for your help!
Happy to assist.
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