Accelerated posession proceeding claim
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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