Illegal subletting?

the flat above mine has been illegally subletted by the tenant for the last year,the council have given notice to the "new" tenant to leave as they have evidence.how long before this idiot is gone?and will the rightfull tenant be prosicuted ?reason i ask is that the weirdo living there has a habbit of tapping on his floor at all times during the night,yet runs away from me when i confront him in the street,its been 30 days since the notice was served
Answers:
The procedure to be followed by the Council to evict the tenant depends on what type of tenancy has been granted. If its a fairly new tenancy it could be an introductory tenancy and proceedings can be brought within six months to evict the tenant. Alternatively, the tenancy may be a secure tenancy and the court has the discretion not to evict the tenant.
In both cases the Council has to serve a 'notice' to quit on the tenant. After the expiry of the notice, the Council can issue possession proceedings in the local County Court. It must state the grounds for the possession. It is possible in this case that the Council will quote breach of tenancy conditions.
In the case of a introductory tenancy there is no discretion and the court will order an eviction order. In respect of a secure tenancy, the court may suspend the eviction.
In no circumstances would the Council 'prosecute'. It is not a criminal offence to sub let, just a breach of tenancy conditions. The only ground for criminal proceedings would be for criminal damage. Or perhaps a breach of the peace type offence.
I hope this information is of assistance to you. It will, unfortunately take several months before the tenant is evicted but at least you will get some peace and quiet then!

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You're lucky that sub-lets are not allowed by your council. Where I live, as long as they get their rent money they don't mind what a tenant does with the property as long as no structural alteration is carried out.
I doubt the main tenant will be prosecuted. If he has breached his tenancy agreement he is more likely to be merely evicted. The council might pursue him for any unpaid rent and/or council tax.

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Thats a tricky one.it will depend on the tenancy created with the original tenant...who has now become the landord. As you say the council are involved then i would assume its a assured shorthold tenancy and so the sub tenant is still entitled to the two months notice to quit.but he may have more rights to stay on.