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Report a post:
Fisher said: Posted on: 05/12/2016 20:25

I rented my 3 bedrooms flat to a tenant called Mr A who is a friend in January 2014. I drafted a tenancy agreement but did not get him to sign it. An oversight on my part. He sublet two of the rooms to two people without my consent but I did not take action against him.
In June 2016, he stopped paying rent. I approached the 2 subtenants who have now started paying rent directly to me and so I gave them a new tenancy commencing July 2016. I did not renew any tenancy agreement with Mr A instead I served him with a section 21 notice seeking possession.
After 2 months of serving the notice I commenced the Accelerated possession proceeding APP against Mr A. Mr A has now replied to the APP application and asserts that he does not have a written tenancy.
My first question is that will the lack of a written tenancy be fatal to my APP claim though there is a tenancy he only did not sign it. He was paying rent since 2014 until June 2016. He has not paid rent since June 2016.
My second question is is there any adverse implication against me for rearranging a new agreement with the two sub tenants of Mr A. Can Mr A claim that my new arrangement with the sub tenants is unlawful and that the subtenants belong to him.
I want Mr A to move out of my property
Any advice will be appreciated.

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