how can I get him out quick without going thru the whole court process?
welcome anyone’s experience and advise!
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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