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  • Legal FAQs

    Evicting sub tenant

    Think I may have a big problem here,

    Joint tenancy, only one has signed the tenancy agreement. Both tenants are mentioned in the tenancy agreement.

    Ive requested that the tenant that has signed to enter into a voluntary surrender agreement to leave. I’ve just found out sub tenants are excluded from this agreement.

    When he he leaves I assume I will be left with a sub tenant who after doing some research I assume I have no contract with and can not evict? I assume they won’t even need to pay me any rent?

    Any help much appreciated

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    Have you asked the head tenant if the sub-tenant is leaving at the same time or asked the sub-tenant him/herself what their intentions are?

    You may be worrying unnecessarily.

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    I'm curious...

    On the one hand you appear to be having some serious problems and very little knowledge, yet on the other you appear well informed but reluctant to respond to questions.

    You have a residential property that you allowed the tenants use of some outbuildings and are questioning whether that creates an agricultural tenancy. The outbuildings have been used for stabling horses, rearing calves and a car repair business, not typical uses of a residential property.

    You have also received an improvement notice from the EHO for £45k worth of improvements, due to the tenants reporting issues, but you haven't given any more detail.

    You believe you have created a tenant/subtenant arrangement instead of a joint tenancy and can't follow the eviction process.

    Are these issues all related to the same property or do you have a portfolio with several issues?

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    A good teacher must know the rules; a good pupil, the exceptions.

    Martin H. Fischer