The tenancy trail

Answer:

It is a condition of a tenant being able to retain their ‘protected’ tenancy status that they live in the property as their residence.  So if they move out then the tenancy will revert to a common law tenancy.

The problem with this is that it is often difficult to prove that the tenants have actually vacated.  Having another property elsewhere will not be sufficient as it is generally accepted that someone can have two homes.

However, if you are able to show that the tenant has sub-let the property to someone else, then this will be sufficient proof and you should be able to bring the tenancy to an end and claim vacant possession.