Breach of contact - sublet

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    Breach of contact - sublet

    I am the landlord and have rented a property on AST (12 month tenancy agreement) to a young couple. In the contract it stated that the property cannot be sublet. After one week I found out that the property has been sublet as per rooms. The tenancy has only started a week ago.

    What can I do. If I want to evict the tenanants would I have to go though the normal court procedure which could take 2 months or is there a quicker way to evict them?

    #2
    What you are really saying is that they have taken in a lodger.

    Sub-letting would mean parting with the whole premises. If your AST has a clause stating the tenant cannot "sub-let or assign" the tenancy then it might be considered an unfair term. You can state one or the other but not both, as a tenant has a common law right to end a tenancy early but must still pay rent until they are repalced as tenants.

    You could reasonably point out that the tenants are in potential breach but a court is unlikely to give you possession, and you would be wasting your money.

    If you feel strongly about it then you might want to serve a S.21 1b Notice now to end the tenancy at the end of the fixed term. I keep telling anyone who will take it on board, is that you should NEVER offer a tenancy to anyone longer than six months until you know them better!
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

    Comment


      #3
      Originally posted by Paul_f
      I keep telling anyone who will take it on board, is that you should NEVER offer a tenancy to anyone longer than six months until you know them better!
      I've just done that Paul - but the tenants paid one years rent in advance. Generally I would opt for the six month AST. Even with the best intentions issues such as illness or unemployment could arise within the period of a twelve month contract that might prevent the tenant paying whole or part of the rent
      Vic - wicked landlord
      Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
      Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

      Comment


        #4
        Ah! You're missing the point! Advance payment of full rent for the fixed period doesn't mean the property will be well looked after.
        I still urge caution at all times.
        The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

        Comment


          #5
          Paul,
          Taking your advice on board, do you mean start with new tenants on a straightforward AST tenancy agreement of 6 months max whereby the end of the fixed period is also the end of the tenancy agreement? In which case, if all goes well, do you then renew on a 12 month basis but with a 6 month fixed period starting up again?

          Thanks

          Comment


            #6
            Originally posted by Worldlife
            The tenants paid one years rent in advance
            Any tenant(s) that want to pay me LARGE sums upfront (the whole contract term) - i ALWAYS turn them down! - by that i mean i dont even take them on as a tenant!

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