What is the procedure to be followed for a landlord to obtain possession of an assured shorthold tenancy where the tenant has sublet without consent? Would this be the same where there is no written tenancy and the original tenant’s whereabouts are unknown?

In considering the correct procedure to adopt when seeking possession of a property that has been unlawfully sublet by the assured shorthold tenancy (AST) holder, it is first necessary to recognise that there are, potentially, two separate persons who should be named as the defendants to the claim for possession:

1. •

   the person to whom the original AST was granted, and

2. •

   the person presently in occupation of the property

Although it is clear that the original AST holder is no longer in possession of the property, it remains important to obtain an order for possession against that person so as to:

1. •

   formally bring to an end the extant AST

2. •

   safeguard against any potential claim for unlawful eviction