If your subtenant does not leave, you must obtain a court order to dislodge him. As a rule, the legal rights of a tenant are narrower than those of a tenant. The lessor will likely present its potential tenant with a written agreement stating all the legal rights and obligations of both parties. In addition to their own rights, a tenant must be aware of the landlord`s rights to rent collection and eviction. It`s also worth noting that if you and your tenant agree with both, you can ask them to leave at any time. Your landlord can`t give you less than reasonable notice – no matter how much notice they put in your agreement. NB If you completely moved while the tenant was still living there (without announcing a change of ownership and a new owner a month in advance within 6 months), you have probably created a secure short-term rental agreement. As such, the former tenant now has full tenant rights and you should seek legal advice on the form of service and a court ownership order may be required. If you resign in accordance with section 21, the tenant must be terminated at least two calendar months in advance. An interruption clause in a fixed-term contract may allow the lessor to distribute the tenant before the end of the period in the event of a problem or dispute. However, the tenant is entitled to the notice period mentioned in the interruption clause. Note that Scottish sub-tenants have a common law tenancy agreement and you still need to get a court order for the property. However, a licensee is less likely to have a defense against the injunction than a tenant.
Sub-tenants should only be solicited in an “appropriate” manner through leave. Unlike a rental agreement, there is no fixed notice period. If the tenant refuses to leave, you cannot use force and you will then have to apply for a court order for possession. You can then change the locks in your tenant`s rooms, even if they left their belongings there. You have to give them back their belongings. Whether you are a boarder/lodge or a tenant, it depends on the owner`s (or administrator or concierge`s) control over the premises. There are certain possibilities to legally terminate a tenant`s agreement before the scheduled period if the tenant chooses this. However, the lessor may have the right to make the tenant pay the full amount for the entire duration of the occupation, even if it is anticipated.
The main consideration of whether the agreement is a licence or a rental agreement is whether the tenant has exclusive ownership of the room or room he occupies. . . .