UK Landlord Forum / Life

Hi,

I will try to be as brief as I can. I got a job offer abroad so I decided to rent out my flat in London. I contacted an agency who put the property on the market. We were aware of the possibility that people would want to get the place to sublet it later on. My agent refused most of these dodgy people. One student came along, from a recognised university and placed an offer. She said she would be moving in and that the second bedroom will be used for family visits only and that she will be paying 6 month in advance. Agent let me know and I accepted the offer. She moved in and  3 days later the agent found out an Arabic family had moved in to the flat. One week later another family moved in (this time with 4 kids). The student hasn't been seen around. She is not living at the property. I have emails from my neighbour and the building management confirming this and that the property is being sublet. This was not allowed in the tenancy agreement.

I have contacted two different tenant eviction company which, honestly, I can say I will do better job with a little help from other landlords.

Anyway, I am about to serve section 8 (ground 12 and 17)  and section 21 (just in case so I can get back at 6 month).

I have downloaded the form from the gov website. I have followed the instructions of the form and wrote the following in the section 4 of the form (Give a full explanation of why each ground is relied on):

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Ground 12 -
As per the lease agreement signed by the Tenant on the 6th of June 2014, referring to the clause 4(j) which reads as follows:

" (j) Not assign sublet or otherwise part with possesion of the Property"

Given that:

- That the tenant was last seen in the property on the day she received the keys (7th of June).
- That the landlord's was notified by its letting agent about an irregular situation on the flat: An Arabic family living on the premises named above which stated that they were to stay in the named flat for 6months and that they had no contract.
- That this family left the flat after one (1) week living in it.
- That a new family moved into the flat right after the first family had left.
- That the landlord was informed by neighbours and the building management about the great possibility that subletting is being executed on the premises named above.
- That the landlord tried to contact the tenantvia 1st class signed for letter through royal mail which was not possible to deliver indicating no one was in the property to sign for it or either refused to do so.
- That the landlord has tried to contact the tenant via emails getting no response whatsoever.
- That there is no traces that the tenant is currently living at the property.

By all of these, there is strong evidence that the flat is being sublet which clearly is a breach of the contract agreement.

Ground 17 -

The Landlord's agent received an offer from the tenant on the 28th of May. the tenant stated to the agent that the premises named above would be becoming her main residence. the tenant also stated that the second bedroom was going to be used for family visits only.

By all the circusntances explained on the ground before, it is clear that the tenant has made false statements to the Landlord's agent which leaded the Landlord to accept the offer made by the tenant.
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I will sign it and scanned to a friend in the UK. He will print 2 copies and put it in two separate envelopes. He will post them 1st class in different post offices and get a proof of postage which is free of charge.

I am going to give 20 days notice.

After this 20 days has passed. How do I know the tenant 'has moved'? I know she doesn't live there. Can I assume that she had left the property? If I pay someone to open the door and there are no belongings of the tenant, can I assume she has abandoned the property? What do I do if other people is trying to access to the property (other people than the tenant)?

Furthermore, do I need to go to court???

Please advise will be highly appreciated.