subletting issue - how do we get our property back ?
Possession - Section 8 and Section 21

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12 Posts
11 years ago
In Aug. 2012 we've let our flat to a tenant receiving housing benefit which by agreement was paid directly to us as landlords. Rentals payments were made 4-weekly in arrears. No deposit was paid. First 6-month AST expired in Feb. 2013 and a second 6-month RLA AST was made on 19/02/13. However, on 23/04/13 we were informed by the council's benefit section that HB payments have been suspended on the grounds that the tenant's circumstances have changed. Subsequently no rental payments have been made. We have told tenant upon the notification of the council that if the rent is not sorted he will have to vacate the property. After a few strange explanations he finally agreed to hand over the keys of the property.

When we entered the property yesterday 25/05/13 we were shocked to see that there were people occupying this property and we thought we were dealing with squatters. We immediately changed the lock of the front door and put a notice saying not to enter the property. In order to clear the belongings of these people we've left a contact phone number. Then we contacted the police for help to get these people out. Police have taken all details and said we're in our rights to have those people evicted forthwith. However, a few hours later we've received a phone call from someone claiming to be a solicitor and ranting that the people in this property had a valid tenancy agreement and we had no right to evict them. Then they forced entry to our property ignoring any warnings and the notice. What eventually transpired was that our tenant had sublet our flat without our knowledge/permission and received rent from these people. Police was immediately contacted about the latest development and we have been advised to meet police tomorrow morning at the property.

1) What happens if those people do not vacate the property even if police tells them to do so?
2) Any advice as to how to proceed from here and how to get our property back ?

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