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how do i evict sub tenants?

Started by lyonsodwn, January 07, 2019, 09:52:44 PM

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lyonsodwn

I originally let on a company let, to one individual.

He has subsequently sub let to 2 persons without my permission. The original tenant no longer lives there. Of course I never agreed to any of this.

Rent has been very sporadic, and I want my house back.

The original renter has not gone bust, so i can't sue his company  (as it was a company let).
He says the current tenants will pay rent as and when they see fit.

Do the current pair have any rights, given I never gave permission to sublet?
How do I go about getting rid of them, and how much it it likely to cost?

KTC

Quote from: lyonsodwn on January 07, 2019, 09:52:44 PM
I originally let on a company let, to one individual.

Did you let to an incorporated company, a human trading as a business (sole trader), or a human tenant? If not a human tenant, was the individual a (permitted) sub-tenant of the company or someone the company permit to live there?

Quote from: lyonsodwn on January 07, 2019, 09:52:44 PM
The original renter has not gone bust, so i can't sue his company  (as it was a company let).

Do you mean "has now gone bust"?  :-\

You need to confirm and clarify exactly the legal status of the mesne tenant, and if it was indeed a incorporated company, then whether it has dissolved, and if so whether the tenancy was assigned (with or without permission if required) before the dissolution. Basically, the first order of business is for you to work out who exactly is your tenant right now if any. And if company, does the lease say anything about what happens to the lease in the case of the tenant's liquidation or dissolution?

Quote from: lyonsodwn on January 07, 2019, 09:52:44 PM
He says the current tenants will pay rent as and when they see fit.

If the 2 individuals are sub-tenants, doesn't (directly) concerns you since it's the mense tenant that's liable for rent to you.

Quote from: lyonsodwn on January 07, 2019, 09:52:44 PM
Do the current pair have any rights, given I never gave permission to sublet?

They held a valid tenancy with their landlord, the mesne tenant. If the mesne tenancy ends, the sub-tenancy also ends if it was granted without permission where that was required, with exceptions.

Quote from: lyonsodwn on January 07, 2019, 09:52:44 PM
How do I go about getting rid of them, and how much it it likely to cost?

The mesne tenancy need to be ended, then the sub-tenant evicted, possibly requiring a court order. A lot depends on the details.