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  • Legal FAQs

    Tenant sub-let in one 1 bed flat - action?

    I live in London but have a 1 bedroom BTL flat in Warwick. I went to inspect the property yesterday for the first time in a few months. There are now 2 people living in the flat, the original tenant (a student) and someone who has made the lounge their bedroom. 

    I am guessing the original tenant is subletting the lounge. I am upset because this flat used to belong to my brother and I don't want it getting run down because it's overcrowded. I paid a letting agent to find the tenant, but I am managing it (not very well apparently!). I have checked the AST and there is no subletting clause!

    The rent is being paid every month and the flat is in ok condition. Do I have any grounds to evict?

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    Thanks, but as stated above my contract does not have a sub letting clause, the video does not cover that...

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    I believe the video did cover that.  You can either regularise the tenancy and put the second person on it, or you can serve notice on the current tenant on an S21 "no fault" basis.

    Personally, I think you are over-reacting to this.  A one bed flat is often shared by a couple - so having two people in there will not unduly affect the level of wear and tear imho.

    If the tenant pays on time and you undertake regular property inspections to track the condition of the flat, you can take a view on this issue.

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