There is usually a clause in tenancy agreements that prohibits sub-letting the property. If the tenant does so in breach of his contract, the sub-tenancy will be unlawful. In this situation, you have no contractual relationship with the sub-tenant, as the original tenant becomes the landlord.<\/p>\n
As soon as you discover there may be sub-tenants in your property, it is important to establish quickly if your tenant still resides there. If it transpires he has moved out and is no longer using the address as his only or principal home, he will lose his tenancy status and with it, the protections afforded by the tenancy agreement.<\/p>\n
If you can prove your tenancy has ended, this will automatically terminate the sub-tenancy and all individuals living in the property can be evicted. The only exceptions to this rule occur if the head landlord has agreed to the sub-let, or the original tenant surrenders his tenancy with your agreement.<\/p>\n
It is vital that you do not accept any rent from the sub-tenants. To do so would create a contractual relationship between you and they would be afforded the same protections as the original tenant. If you accept rent, you cannot evict the sub-tenants on the basis the original tenancy has ended.<\/p>\n