Sub-letting tenant breaching contract but refusing to leave?

by Readers Question

16:15 PM, 7th July 2020
About a month ago

Sub-letting tenant breaching contract but refusing to leave?

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Sub-letting tenant breaching contract but refusing to leave?

Hi, since my last visit to my 3 bed property six months ago, my tenant on an AST has sub-letted all the rooms individually and he is occupying one of them.

He is now 3 months behind on rent and I am sure he is using covid as an excuse to stay rent free as long as possible and wants me to officially serve him notice and take him to court if I want.

Is there any other route that does not involve giving him 3 months notice due to covid?

What is the quickest way to get to the court step?

M



Comments

Smartermind

12:01 PM, 8th July 2020
About a month ago

Sounds like you are going to have to serve notice on the principal tenant and all the sub-tenants (they have tenancy rights to).

Short of sending in big burly men, which is illegal, you will have to follow the legal route. The only other alternative is to inform him and the sub tenants that they are in breach of the tenancy agreement and ask them nicely to leave.

Kulasmiley

12:07 PM, 8th July 2020
About a month ago

1. Serve him Section 21 notice.
2. Serve him a 14 day notice to pay your demand for demand for market rent for all the rooms and how much you have potentially lost
3. Include in the above the cost to refurbish all the property now that it is more wear and tear.
4. Include in the above you will apply for courts costs and it may damage his credit worthiness if he does not pay.
5. State that you are willing to let him “free of his tenancy along with the others at a certain mutual beneficial date one day after the two months notice.

Seething Landlord

14:33 PM, 8th July 2020
About a month ago

Get proper advice on this. It could become a legal minefield, for instance, has the tenant created an illegal HMO or are the sub tenants actually lodgers? Apart from a possession claim using S21 and/or S8 you might also be able to commence proceedings claiming immediate payment of the outstanding rent and seek an injunction requiring him to comply with the terms of the tenancy agreement in relation to the subletting. Just suggestions to consider.

Able Services

16:54 PM, 8th July 2020
About a month ago

I have had a problem with sub-letting the whole time the tenant has been there. He has made numerous excuses as to who the people are that I have seen go to the property. He accepted the rent at the start, but knocked it down £25.00 per month. He has then posted comments on twitter about me, when I have put it up. He earns £90.00 per week for letting out the 4th bedroom. He still has his 7 year old daughter sleeping in their bedroom, which allows him to do this. I am going through the eviction, but have been told I might not get it. He has been told by the Council to pay his rent. He wants to take a Council House from someone that really needs it because it is cheaper to rent.

KrisTina Ve87

7:06 AM, 9th July 2020
About a month ago

I can feel your pain.I have problems with tenant as well, who refusing to move ,because don't have where. Using covid as an excuse, not paying rent more than half year,damaged property, didn't report water leaking, flooded bathroom, damaged walls and ceiling. Breached contract in lots of paragraphs. Contract was for half an year, which already finished in May. It had to be reviewed after and i had to decide if I want them to continue tenancy or asking them to move. She, the tenant ,ignored me when I didn't agree to extend tenancy, told that I cannot remove her from house because of situation with covid, basically laughed to my face as I can't do anything. Now I found out that she's renting a room for someone without my knowledge, the person paying weekly rent and I've got nothing from her.in all 7 months she paid me 200£ in total, not counting the day when she moved, than she paid as was asked 250bond and 450monthly rent.this was her first and last time when she paid in full.sick and tired of all of this. Lost the hope to get help in this covid time. Government soon gonna throw landlords on street without nothing because soon I won't be able to pay mortgage on house rented and to pay mortgage and bills in house where I'm living. That's shame that government gave hand to one side but took from another nearly everything

Able Services

13:32 PM, 9th July 2020
About a month ago

You have the problem with non-payment of rent. Mine has been told by the Council not to stop paying. Mine has not brought up Covid 19. I have been to the now on 2 occasions. The property is looking very shabby and the garden is going to take a lot of work. So much for him wanting a garden for his children, the only thing they do is ride their bikes over the lawn (now no more). I am hoping the Court will allow my application when they open. You should be easier as money is due, I would do a CCJ through the court to try to recover some of the rent. Best of luck.

Kulasmiley

14:19 PM, 9th July 2020
About a month ago

Also go the anti social behaviour route for riding his bike over the garden, and stick that on the notice

Able Services

16:21 PM, 9th July 2020
About a month ago

I had not thought of that. There is a park 1 mile from the house, so he could walk them down there to ride. But with him it's the easy option. He has just purchased 3 new bikes. We have had to replace so many items he has broken in the 5 years. The outside electric socket caught fire, he is on his 3rd lawn mower and 2nd hedge cutter. The hoover fell down the stairs, his Wife put a hot iron on the bedroom carpet which was not that old. He has money for holidays and bikes and is saying to the Council he cannot afford to rent privately. If he carries on buying new cloths and shoes he will be claiming benefits as well. Many thanks

Puzzler

8:39 AM, 11th July 2020
About a month ago

Does your tenancy agreement prohibit sub-letting?

zhorik

10:25 AM, 11th July 2020
About a month ago

Reply to the comment left by Able Services at 08/07/2020 - 16:54
If he does not pay rent then he is making himself intentionally homeless and is not entitled to a council place.

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