subtenant wants to pay, property sublet without consent

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    subtenant wants to pay, property sublet without consent

    Hello,

    I found out my tenant was subletting and served a s21(4)a. That was in end of dec 13. He said his tenants wants extra time and want date to move end of feb. and received an email they will teminate on end of feb. I thought that would be better as, if they do not leave in dec then the headache of legal problems. Come end of feb nearly all vacated except 2, saying that they have not found a suitable place. The tenant paid the rent till jan. come feb I reminded that the rent was overdue, being a late payer and not heard from him since. I presume he wanted me use the deposit was rent

    I have checked the property and its a tip. There has also been damage as well. Some of the rooms have been left locked and I do not have the keys to them. The tenant is not replying and I presume that he will not, as its been nearly 1 month, since my request for rent. Will email him again re-subtenant removal and keys and condition (i have inventory which was signed by him) and rent.

    The subtenant wants extra time till he finds somewhere suitable and quite busy at work and wants to pay for this time saying he can pay till end of mar. I said i cannot accept rent from him as I don't collect rent from him and it creates a difficult situation for me, if I accept money from him. he wants me to take the money to pay the bills and outgoings and the hassle thats causing me - where do I stand on this? This is just a fraction of the rent.

    He also said the head tenant told him that the landlord would be willing to elongate the tenancy, if he and others paid their feb rent, even though the notice was served. I said he was basically after the money and he has not paid me for the month of feb. I said he should have known this as when I served the notice, I mentioned he was persistently late on payment and I was the landlord.

    Is Accelerated possession the way forward? or do i have to serve s.8 or another notice? Will I be able to claim the costs of damage, rent and extra from subletting from the tenant? I asked the subtenant whether he can give me his contact details in case I need him as a witness or he can write a statement that the property was sublet with £x amount to different people and his rent being £x amount - so as to get a rought estimate of much rent he was getting.

    And help appreciated.

    Thanks

    #2
    Did your AST with your tenant allow sub-letting? Did you agree to sub-lettting?

    If not do not under any circumstance accept rent from the subletters - this would show that you accept their situation.

    If the section 21 has expired then apply for a court order now to remove the tenant and unauthorised persons at the property. Concentrate on the tenant only - once he is out the rest is easy.

    After that inform Her Majesty's Revenue and Customs of full name of tenant and tell them he has been receiving rent and ask them to investigate if he has paid tax on this unearned income.



    Freedom at the point of zero............

    Comment


      #3
      Thanks for reply.
      AST forbids subletting. Will also call hmrc

      Comment


        #4
        Out of interest, do the sub-tenants have any rights here? If the LL was awarded possession, would the bailiffs evict the subtenants even though they may be unaware of what is happening? Presumably so and they could sue the tenant (sub-LL) for breach of contract?
        IANAL (I am not a lawyer). Anything I say here is just an opinion, so should not be relied upon! Always check your facts with a professional who really knows their onions.

        Comment


          #5
          Grrr - Yes sub tenants could sue sub-letter for breach of contract.


          If bailiffs are called to the property via a court order they will remove everyone who has no right to be there. Others have no valid agreement with the landlord and provided he has not accepted rent from them directly he has no agreement with them.



          Freedom at the point of zero............

          Comment


            #6
            Originally posted by Interlaken View Post
            If bailiffs are called to the property via a court order they will remove everyone who has no right to be there. Others have no valid agreement with the landlord and provided he has not accepted rent from them directly he has no agreement with them.
            No sure that is the case.

            A sub-tenancy granted in breach of covenant is still a valid tenancy and anyone who has a valid tenancy (and has not himself sub-let) is entitled to occupation. Further, any tenancy which would be an assured shorthold tenancy if a head tenancy will be an assured shorthold tenancy if it is a sub-tenancy and can only be terminated in the same way. So long as the head tenancy subsists, a landlord has no standing to terminate a sub-tenancy. However, the breach entitles the landlord to forfeit and once forfeiture has been effected the sub-tenancy falls away (subject only to the court not providing relief against forfeiture). However, if the landlord accepts or demands rent having notice of the breach the right to forfeit is waived, though not the right to sue for damages.

            Comment


              #7
              Originally posted by Lawcruncher View Post
              No sure that is the case.
              I would tend to agree with this, and only add that the sub-tenant can also ask the court in the forfeiture proceedings to grant them directly, when forfeiting the head tenancy, a similar tenancy with a length of their unexpired sub-tenancy length on the same basis of the head tenancy, so that the sub-tenant effectively "takes over" the tenancy from the forfeiting head-tenant.

              However, whether this will happen in this case remains uncertain because the sub-tenant doesn't want the responsibility for the whole flat (and for the whole rent).

              Comment

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