Getting a property back from a Rent Guarantee Company
I need help to get my property back from the Rent Guarantee Company. The lease agreement has ended today 09/08/2025, and I had given them 2 years notice to hand it back to me, although our lease agreement stipulated only 1 years notice. However, they now claim that the tenant did not respond to their eviction notices, while the tenant insists she has never been issued any eviction notices.
Any advice here?
Many thanks
Gladkal
Response from Mark Alexander – Property118 Founder
From what you’ve described, it sounds possible that the “Rent Guarantee Company” is not an insurer or corporate rent guarantee provider in the traditional sense, but rather a private landlord or company who took a head-lease from you, then sublet the property — possibly as an HMO or serviced accommodation.
If that’s the case, your direct contractual relationship is with the head-tenant (the “Rent Guarantee Company”), not with the sub-occupiers. Your lease with them has now ended, and they should have returned vacant possession on the agreed date. If they have failed to do so, you may be entitled to:
- Possession of the property – via a claim against the head-tenant for breach of the head-lease. You are not required to wait while they try to get their own tenants out; they are responsible for ensuring you get the property back empty at the end of the term.
- Mesne profits (post-expiry occupation charges) – Once the head-lease has ended, any continued occupation without your consent is unlawful. In many cases, you can claim mesne profits (compensation for use and occupation) from the head-tenant. This is typically calculated at the open market rental value for the property, and may be higher than the rent in your old lease.
Steps to take now
- Confirm the arrangement: Check your lease and any other paperwork to see if the “Rent Guarantee Company” is in fact just another landlord operating under a head-lease.
- Put them on formal notice: Write to the head-tenant stating clearly that the lease expired on 9 August 2025, that vacant possession was required on that date, and that they are now holding over without your consent.
- Demand immediate return: Require keys back and confirmation the property is vacant.
- Reserve your rights to mesne profits: Make it clear you will pursue compensation for the period of unlawful occupation from the lease expiry date until the date you recover possession.
- Engage a solicitor promptly: If they fail to hand back, a solicitor can issue possession proceedings against the head-tenant and claim mesne profits at the same time. You do not need to issue notices to the sub-tenants yourself; the head-tenant is responsible for dealing with them.
Key point
If this is a head-lease arrangement, you should avoid getting drawn into disputes between the head-tenant and their sub-tenants. Your focus is on enforcing your contract with the head-tenant, recovering possession, and being compensated for any period of unlawful holding over.
Disclaimer
The information above is provided for general guidance only and does not constitute legal advice. The correct course of action will depend on the precise terms of your lease, the nature of the arrangement with the “Rent Guarantee Company”, and the factual circumstances. You should seek independent legal advice from a solicitor experienced in landlord and tenant matters before taking any formal steps. The company we recommend is Landlord Action. You may well have seen them on National TV from BBC’s Breakfast, War at the Door, Meet the landlords, Inside Out and The One Show, ITV’s Tenants From Hell and Channel 4 News.
Contact Landlord Action
Specialists in tenant eviction and debt collection. Regulated by The Law Society.
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Member Since February 2025 - Comments: 69
10:31 AM, 11th August 2025, About 9 months ago
If the rent guarantee arrangement is a headlease and subletting arrangement, you can’t get a court order for vacant possession against the occupier when you are the headleaseholder. Instead, ask your solicitors to seek a court order for the determination of the headlease (and mesne profits, damages, costs for the headtenant’s failure to give you vacant possession) and handover of the occupier’s rent deposit, as the AST will remain in place with you as the immediate landlord. (if you don’t already know, check if a local licensing scheme applies and what you need to do to transfer the licence to your name.) Once the court order has taken effect, serve all the normal start of tenancy documents and rent deposit notices on the occupier and get her to sign for receipt if possible. If you still want vacant possession, serve notice on the occupier once you are the immediate landlord (but note that the RRB will probably be in force by then).
Member Since October 2020 - Comments: 1173
6:17 PM, 11th August 2025, About 9 months ago
I’m afraid you’ve made a big mistake getting involved in rent to rent and it’s going to cost you a lot of money to get out of it. You need a specialist solicitor or eviction company to handle this as the legislation in this area can be very complex.