how can I get him out quick without going thru the whole court process?
welcome anyone’s experience and advise!
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sorry to hear your problem, you need an eviction specialist
there’s no quick guaranteed solution. You can offer to pay them if they sign a deed of surrender for the tenancy [or give notice] and leave. Even then if they don’t leave you still have to go through a court process. You can help them find somewhere else. You can explain that you will pursue them for rent arrears and court costs and if they dont pay up a CCJ will make it harder for them to find somewhere.
@david122 may be able to confirm but if they are subletting they then have all the responsibilities of a LL to their tenant so if they havent served the prescribed information to their tenant such as a EPC and gas safety record or not carried out right to rent checks they could be fined by the LA under the RRA so you could report them to the LA who have powers to enter.
If you think the subtenant doesnt have the right to rent, you could inform the Home Office.
If you have evidence of illegal activities going on inside the property that may help [report to the police etc]
Good luck
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More details needed but you only have 2 days to issue a Section 21 before they are no more.
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You could offer to help with generous relocation expenses if thats a barrier to leaving. Don’t push it though as that could be harassment. If he agrees he had to sign the deed of surrender once he’s out the door with a witness. Then he gets the cash.
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Thank you David this is really useful.
He is not living at the property anymore just subletting it to other ppl.
I think the suggestion of a surrender agreement sounds like a good idea. Just wanted to be able to cut ties in the proper legal way without going thru the whole court process as at the end of it I don’t think he will pay the money and I will be stuck with legal bills and a damaged that needs to be fixed so trying to keep cost down.
welcome if anyone has any suggestions on a good eviction lawyer we can have a chat with and can just proof some documents- happy to do the work to do the drafting.
thank you again so grateful for this community 
Tbh he has little incentive to co operate as getting income from subletting presumably. I would assume you’ll need to go to court. Serve an s21 before 1 may to the address if you can as that’s quickest and if not living there with luck the tenant may not contest it if doesn’t see it… Openrent has an s21 generator you can use for free
Source: OpenRent Serve a Section 21 Notice | OpenRent
Give just over 2months include all the required docs and email them all to the address in the AST
(You can also use the 's21 nearly legal flowchart ’ to check it’s valid)
and if you do then have to apply for possession (if tenant contests by not moving out by due date) the application for possession needs to be put in by 31 July.
if you have evidence he is no longer living there (from him, neighbours, the subletter etc).you may be able to get a judge to agree the tenancy is over because he’s abandoned the property. Search these forum for ‘Abandoned’ and there’s lots of advice. In that case the Subletter will also have no rights to stay and will be trespassing
If you do have to evict by applying for possession getting bailiffs etc try using a specialist like Landlord Action
Good luck
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Thank you David really appreciate your input.
it’s sad the the law protect more the subletting tenant then the landlord that’s being ripped off 
if I can by a miracle agree for the tenant who is not living there to some how agree to hand offer the tenancy, though a Surender of tenancy, and signs an agreement - is there any risks to me?
I know it’s a .0001% of him signing but just thought I would ask in case.
or at least giving him notice of two weeks, based on Ground 12 – Breach of Tenancy Agreement
You are in breach of your tenancy agreement, including:
-
Unauthorised subletting and/or parting with possession of the property
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Failure to disclose additional occupants residing at the property
And then after two weeks go ahead a change to tenancy over back to myself?
what is the issues of going down this route?
Welcome your thoughts, appreciate it’s a tough situation.
You have to get the surrender of tenancy drawn up properly by a lawyer I think the main issues are making sure it is drawn up in a way that still allows you to claim from the deposit for any damage or rent arrears. @David122 can advise further.
Secttion 8 Ground 12 would def be an option but like all the other s8 approaches if the tenant contests you have to apply for possession and go through the courts/bailiffs route and provide evidence to a judge so expect it to take many months. However, as they are Discretionary Grounds, it is for the judge to decide whether it is reasonable to make an order for possession in the circumstances so not gteed. You have to evidence that it was served (advice here and elsewhere on how to do that).
S21 notIce under current legislation is free to serve via the openrent generator so I’d do that anyway if you can. Doesn’t stop you using s8 as well
Best
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If he’s not living there and is subletting in breach of contract, theres an easier way to get him out. The tenancy will not be assured and you can serve a common law Notice to Quit, which will end the tenancy on expiry. You can then exclude the occupants by changing the locks. This is a big step and things can go wrong, especially if he moves back in. I would suggest you dont attempt it without proper advice.
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Thank you @David240 and @David122 - I love your share and input and advise!!
I’m starting to see some hope for the first time.
David is winning agains Goliath here 
@David122 yes we have confirmation from the current sub letting tenants that he is not living there. They are happy to supply written evidence, he has even rented out the living room. And have on email evidence of is refusal to allow quarterly inspections as well as being in rent arrears!! So yes rent is not assured - could that mean we can cancel the contract with him immediately?
Happy to pay a lawyer to draft the Notice to Quit / Surrender Tenancy as suggested by @David240 to make sure it is done correctly with the advise that the bond will be kept to cover the rent arrears which is more then the bond. - and add if he does looks to contest then we will go to court but if does not confess in 5 working days then we deem it acceptance of these conditions. - saving us waiting for him to sign anything which would be very unlikely.
I would serve section 21 but I ordered gas certificate thru here before he moved in but they were dalayed by a few weeks so by then the tenant in question had moved in - but it seems the law is black and white
But I like @David122 suggest of he is in breach of contract and so we are giving him notice to quit.
Welcome both your thoughts @David240 and @David122 and anyone else who has experience in this!!
Bless you both for the Hope you have provided!! Thank you from the bottom of my heart!!!
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If you didn’t serve the prescribed info (Gas safety record) when tenant moved in then s21 won’t be an option
As @David122 says get legal advice from an eviction specialist but notice to quit sounds like best option. Only risk is they move back in in meantime. You could use s8 ground 12 as well
Best
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Amazing thank you David’s!!
will go with that strategy Notice to quick with a backing notice 8 if need but I pray not!!
thanks so much for your time and looking for a lawyer to help draft the notices to make sure I dotted t crossed!!
Thank you both so much for your time, advise and support- you both have been just amazing 
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Make sure its a specialist landlord and tenant lawyer, not a high street jack of all trades.
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I don’t think you’ll get anywhere with discretionary s8 or claims that he’s abandoned the property – that sounds like a recipe for expensive, long and fruitless legal proceedings to me. Your best bet is that you pursue him for mandatory reposession due to arrears, but it will have to be three months. If the arrears aren’t so significant, I’d turn a blind eye to the subletting myself. Is there any reason to care who’s living there if the rent is coming in?
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Thanks Howard the rent is progressing less and less each week, he also don’t not allow us to do quarterly inspections so maintenance on the property is deteriorating.
Currently £3,000
I agree it would not be my preference to go through the court as soon as he that is started I don’t think he will pay the rent and I think he will just disappear. He is not one to abide by the law.
@David122 can advise but my understanding is that you don’t need tenant’s permission (or for them to be there) to do inspections if the ast say the tenant should provide access for these). So they can’t ‘refuse to allow inspections’. Openrent AST Para 9.43 specifically says tenant must allow inspections under the Tenant’s obligations
"9.43. To permit the Landlord, and any superior landlord, or the Landlord’s employees/agents at all reasonable times.
after giving the Tenant at least 24 hours’ notice (except in an emergency):
to enter the Premises to inspect the same and the Landlord’s furniture and effects therein (if any);
to carry out any works of maintenance or repair to the Premises or elsewhere which the Landlord may consider necessary;
to take gas, electricity or water readings;
to carry out the Landlord’s obliga�ons under this agreement;
to inspect the Premises for the purpose of preparing an EPC and recommendation report for the Premises or the building of which it forms part and the Tenant shall cooperate with the Landlord so far as is reasonably necessary
to enable an EPC and Recommendation Report to be obtained;
for any purpose mentioned in this Agreement or connected with the Landlord’s interest in the Premises;
to enter and view the Premises with any prospective future Tenants or purchasers during the last 60 days of thetenancy.
"
- Just schedule give them 24h notice with a note through the door (you say he’s not living there so may not pick it up in time) and go ahead providing its a reasonable time. It is suspicious not allowing inspections there could eg be a cannabis farm inside.
- To quote Shelter
"Letting your landlord inspect your home
You should allow access to your home if your landlord wants to inspect the condition of the property.
You must get at least 24 hours’ written notice of an inspection.
An inspection should be at a reasonable time. Suggest a better time if it is not convenient."
- If you have scheduled for a reasonable time and given enough (24h) notice either they won’t be there in which case there is no reason not to proceed, or if they are there it’s clearly not inconvenient to them and they have no legitimate reason to not let you in. Take a friend and video everything that happens starting with you knocking on the door. You are allowed to do this (just like you can take written notes!) for your own records/those of your friend.
5. There is no obligation for tenant to be present either when you do inspections or when you get repairs done or the annual gas safety record. You could schedule a boiler engineer to do the gsr for the same time as the inspection. They will have no legit reason not to allow the boiler engineers in, you can accompany them using your keys to open the door and go in at same time to ensure the boiler engineer is accompanied at all times and the tenant’s possessions are not touched…
- They are allowing the illegal subletter to be there without them being there, there is absolutely no justification for not letting you enter as well.
Good luck
Tenant has a right to reside in peace. You have a contract saying you have a right to do inspections. Are you really going to go to court to argue it out? Lots of time and money down the drain if you do!
As far as deterioration goes, if it were me as long as it is safe and he’s not asking for repairs or the council aren’t asking for repairs, forget about it till he leaves and take what you can out of the deposit.
I definately would not.
He isnt even living there!
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@Howard1 the OP @Kay4 has said tenant has left and is no longer living there and has installed an illegal subletter as well as being £3000 in rent arrears. So the tenancy may have ended (as they’ve left) and they can’t argue a ‘right to quiet enjoyment’ when they aren’t there! Even if they are there the right to quiet enjoyment wouldn’t override being able to do quarterly inspections so long as they are scheduled for a reasonable time. (Daily weekly or even monthly might be different I guess)
It’s nothing to do with arguing in court. It’s about doing the basics. If tenant has put a cannabis farm in and the LL hasn’t found out because they don’t do inspections the insurance won’t cover.
Why would you let a tenant refuse to let you do inspections when AST says they must let you? Nobody is suggesting going to court, just doing the inspections.
Best
Well you can’t brandish the contract and walk in and do the inspections if he refuses admission. You’d have to get an injunction, and then enforce it, which means £££££
The £3000 is something you can’t really do very much about if it’s not 3 months arrears. Chances are you’ll never get it back with a money claim or s8. And you probably won’t get vacant possession on discretionary grounds either.