If it is clear a property is being sub-let, the actual contract holder should be advised, where possible, that legal action will be taken due to breach of occupation contract and that if court action is required, BA would look to recover legal costs from them.
A Notice Before Making Possession Claim (RHW23, breach of contract) should be issued to the contract holder, and an RHW7 notice will need to be issued to the sub-contract holder also, along with a letter explaining why both are being served at the same time.
Once the one month notice period is up, a further check should be made to see if the property is still occupied by the contract holder or subcontract holder and whether sufficient evidence is available to support a court case. If so, a possession order should be requested with the court and must be done within the remaining 5 months of the RHW notices being issued.
If the actual contract holder attends the court hearing and opposes the application, it is likely that the judge will give directions on how the case will proceed and a date for trail may be set.
If undefended, a possession order is likely to be granted at the first hearing and a warrant for eviction should be requested as soon after this as possible, if the keys are not returned by the contract holder.
Once an eviction date is set, you will need to contact the subcontract holder to advise them of the eviction appointment and you should refer them to TCBC Homeless Section for assistance.
Considerations
- You may wish to consider further investigations including land registry checks if you believe the contract holder owns land else where.
- Be aware that if you accept a surrender from the actual contract holder, the subcontract holder would become the legal contract holder