evict a company let

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    evict a company let

    I Let my house while i was abroad to a company that sublet to a subtenant on Housing benefit. in 2013 The original term was for originally for 3 years. which i allowed them to continue for a further two years. I received no increase in rent during this time or since.. The original lease agreement stated that they could end the lease at any time if the house was vacant or that i could end it by giving 12 months written notice which i duly did and the lease was scheduled to end ion the 31st July 2018..in January that year she tenant moved out and the company wrote to me stating that they would be happy to rerent for the remainder of the lease however it would mean that because of the eviction process the house would not be returned for a few months after. i stated that was no problem and agreed. Come September they started the eviction process as the subtenant refused to move. During all this time the rent was paid as the original contract stated: "if any sub-tenant remains in the property after any notice period served by the tenant or the landlord the rent to the landlord shall be paid until the tenant and sub-tenant move out.". the company has been through at least 2 court hearings that were thrown out by the same Judge who claimed that advance rent that they claimed off the subtenant who has a bad credit reference was a deposit and therefore should have been placed in a deposit scheme. The subtenant tenancy agreement stated there was no deposit and the subtenant did not pay rent to the company for the period of the advance rent. Curiously enough the same judge had ruled the opposite in cases before and after JOhnson v Old. Court of appeal decision on advance rent. My problem is i am still homeless and cannot move back into my home. Can i simply evict the tenant (i.e The company) and if i do will the subtenant then be evicted alongside the tenant. If so what is the process as i have already given them notice to quit.

    #2
    Originally posted by zhorik View Post
    if i do will the subtenant then be evicted alongside the tenant
    No. The sublet was with the superior landlord's (i.e. you) permission. If the mense tenancy is ended, you'll just become the subtenant direct landlord instead.
    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

    I do not answer questions through private messages which should be posted publicly on the forum.

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      #3
      In which case, I believe you become responsible for the failure to protect the deposit, or at least its consequences on section 21.

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        #4
        The company letting the property need to return the deposit that they failed to protect to the tenant and reserve the s21 notice.

        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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          #5
          The issue here is you can’t give section 21 if the deposit is not protected. I was in a similar but worst situation Though I was going with section 8 rent arrears for one of my the tenants. I was told by the judge that I cannot serve section 21 as the deposit was not protected by the company which had taken the deposit and runaway.

          you are not liable to pay the deposit as the deposit is not given to you. But if you want to give section 21 then might as well return the deposit or advanced rent.

          One of My other tenants didn’t want to leave after her tenancy ended and she was paying rent I had to use section 8 ground 1 to evict her as I could not use section 21.

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            #6
            If the mense tenant is continuing to pay rent, let them incur the cost of court and sort out the eviction.
            I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

            I do not answer questions through private messages which should be posted publicly on the forum.

            Comment


              #7
              Sounds like company tried to evict tenant without all paperwork to me, and just told you it was because of 'unprotected deposit'.

              Comment

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