Getting rid of sub letters / period tenancy / fixed term coming to an end

Dear Landlords,

Please help.

Unfortunately my property was sub let to other people and the person i had rented to has now left the country.

The current tenancy agreement (although sublet) comes to an end in a few weeks by the end of October and I do not wish to renew with the subletters as they do not even want to show my their passport copies and have proved to be very unreliable over the last few months and have fallen into rent arrears.

How can I get the sub letters out of my property with the view that the current tenancy ends this month so that I can move back to my property ASAP.

Given that the sub letting is illegal under my contract I don’t see how the government 6 month notice period would apply.

Please advise

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Take legal advice with an expert

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Make sure you cover yourself by contacting the Home Office Right to Rent helpline and letting them know that the sublet tenants wont cooperate. Also write formally to the sublet tenants at that address stating that it is a legal requirement for them to show you proof of a right to rent in the UK.

I have a similar situation, phoned the helpline who told me it was my tenants responsibility to do the checks not mine. Nothing you can do to get them out apart from serve a S21 on your tenants (unless you can serve S8).

tell the immigration they are illegals with no work permits . They will then check on them

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Thank you all for the advice.

I’m not getting much further.
I’ve notified the Home Office and sought legal advice

Is there any way I can bring the notice period down from 6 months to 4 weeks with some rent arrears exceeding 7 months which continues to build every month? I cannot afford to let them think that they can stay for free while the notice period is served.

The whole process for landlords seems so unjust while the renters who abuse the system can sleep with a roof over their heads without costing them a penny.

Dealing with immoral renters who just abuse the system and landlords like myself having to pick up the bill.

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Hi Colin, is there any that open rent recommend?

Hi.
At the moment you can give four weeks or a month’s notice (depending on type of tenancy) for rent arrears of more than six months at time of service of notice so I believe.

Mr T is correct. See here under Section 8 notices: https://www.gov.uk/government/publications/covid-19-and-renting-guidance-for-landlords-tenants-and-local-authorities/technical-guidance-on-eviction-notices

F114 I dont know the aswer to that

They are squatters and squatting in a residential property is illegal. Try to enlist police assistance
The sub-letters are in your property without a contract.
It’s a bit of a grey area but check out “Squatting in residential property” it will state that it’s an arrestable offence. Print the document and take it with you to show the police if might inspire them to taking action especially if the squatters are harassing you or have threatened violence.!remember to change locks if you get them out

They’re not squatters. They entered the property legally and it sounds like they may have a legitimate tenancy with F114s tenant. The Police won’t be interested.

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David, I don’t care “how” they entered the property. Theses people do not have a tenancy agreement and they have no right being in the property without the Landlord’s permission. Hence they are “squatting in a residential property” which is an illegal criminal act.

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You’re wrong Geoff. If F114s tenant granted then a tenancy, whether that was in breach of contract or not, the the tenancy is likely to be valid. So they would have every legal right to be there. Squatting has a very specific definition so even without a tenancy they wouldn’t be doing that, they would be trespassers.

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Thank you all - they feel like trespassers and I feel violated as a landlord for it to come to this.

Went to drop the notice letter by hand through the agent and noticed that the people (of Romanian origin) were changing the locks on my property! As soon as they saw us the lock changer (also seems another one in their illegal ring) went straight into the property. As we dropped the letter the man came out with abuse and tried to come and attack us.

We’ve notified the Home Office, the council and the police but there seems to be very little action. Makes me feel that these people feel like they can get away with it.

If it was me I would go straight to a law specialist in these matters with a view to obtaining a court order as soon as possible and then contracting the services of a company whose bailiffs can throw these people out. What an awful experience for any landlord to encounter and enough to put anybody off from renting a property ever again. You are basically dealing with criminals. Unless the law protects landlords from criminals and bad tenants the government will have to build a lot more housing…

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PossessionFriend.uk give free Advice

David your still wrong.
The original tenancy agreement should have a clause in it stating “no subletting” which is pretty standard on all the tenancy agreements I have seen.
These people were not authorised by the Landlord and do not have any written permission to be in that property. The tenant who may have let these people in does not have any authority to allow people into the property other than those named on the tenancy agreement.
If the uninvited people refuse to leave they are “squating” illegally and have broken the law which is an arrestable offence in a residential property.
I know what I’m talking about because I have had the identical situation. So please verify your facts before contradicting me

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That’s exactly right Mercedes

Hi F114, explain to the police that the occupants have used threatening behaviour towards you . They are duty bound to take action
Also the council should support you who have a liaison officer with the police.
Print the document out regarding squatters that clearly states that it’s an arrestable offence to gain unauthorised entry into a residential property.
You really need to be strongly proactive or they will move even more people into your house and trash it at the same time

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