Sub-letting tenant breaching contract but refusing to leave?

by Readers Question

16:15 PM, 7th July 2020
About 3 months 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


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Comments

Able Services

11:00 AM, 11th July 2020
About 3 months ago

That answers a lot of questions. I just feel it is wrong for him to be able to get a Council property, when there are a lot of people that are in real need of a house. I waited nearly 5 years to get my Council property, when I needed a home. I was the first person they had ever met that paid their first rent payment after viewing the property. I was just so pleased to get a home.

Able Services

13:05 PM, 11th July 2020
About 3 months ago

Thats the only reason why he is paying the rent. He is a very crafty man. I have updated the Eviction team on more breaches on his AST so now there are 4.

Able Services

13:12 PM, 11th July 2020
About 3 months ago

Reply to the comment left by Puzzler at 11/07/2020 - 08:39
Yes, it does. Also he has had written warnings from me, stating he is breaching his tenancy and I am not covered on my Insurance if anything happens. I have a feeling that he did it in his last Tenancy, when we saw where he was living there were a lot of men and his Son was sleeping in the lounge. So he must have been doing it. The Landlord he had was into HMO but not having them registered. He was a member of the Council at that time.

WP

11:36 AM, 12th July 2020
About 3 months ago

Maybe stick to the simplest route possible first. Issue with a S21 as you dont have to state why (as long as you have complied with all the necessary legal stuff in the first place to have a S21 upheld).
Failing that you will have to go through the S8 route - claim arrears as the issue as this is a mandatory element as well as all the contract clauses. If he is canny he may well pay all the arrears at the last min so making your claim for arrears only fail . If you list the other breaches, these will mean that you can still continue with the eviction even if he pays the arrears.

See if your insurance will cover you for taking on this S21 or S8.

Might be a long battle though I'm afraid as court delays in current climate etc.
Good luck.

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