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leanne-jones
leanne-jones, Barrister
Category: Law
Satisfied Customers: 183
Experience:  Barrister
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I own a property which I have partially let out to someone.

Customer Question

I own a property which I have partially let out to someone. By partial I mean all the of the property except one room so that I can stay there when I am in London from university. The person I have let the property to has subsequently left the tenancy agreement and I have discovered she had sub let the property to a bunch of other people as I haven't been in London for the past 6 months.

I wanted to get advice on how to remove these people from my property as I am moving back to London in the near future, as I don't know who they are. They have no form of tendency agreement with me, and I am worried about the well being of my property.
Submitted: 4 years ago.
Category: Law
Expert:  leanne-jones replied 4 years ago.

leanne-jones :

Hello - my name is Leanne and it will be my pleasure to assist you today.

leanne-jones :

Is it a breach of the agreement to sub-let?

leanne-jones :

What type of agreement does the real tenant have?

JACUSTOMER-od6jrxhr- : I had a 12 month ast in place with the original tenant
JACUSTOMER-od6jrxhr- : and it is a breach to sub let the property
JACUSTOMER-od6jrxhr- : according to the contract
leanne-jones :

It cant be an AST if you live in. The tenant does not have exclusive access to the whole house.

leanne-jones :

What you need to do is write to the sub-let tenants and ask them to leave within 28 days or say you will go to Court.

leanne-jones :

If they refuse then you can issue proceedings. They do not have a right to be there. You can complete form http://hmctscourtfinder.justice.gov.uk/courtfinder/forms/n005-eng.pdf

leanne-jones :

The Court will then list the matter for hearing and you can seek possession. If they refuse to leave then you can enforce it by sending in bailiffs

leanne-jones :

Does this answer your question?

JACUSTOMER-od6jrxhr- : To a degree
leanne-jones :

All I can tell you is the legal route. If you are out of time to appeal all you can do is seek permission to appeal out of time

leanne-jones :

If that is refused or your appeal fails then the legal route ends. I am sorry

JACUSTOMER-od6jrxhr- : Does it matter that the tenants in the property now have paid rent to the person I had a tenancy agreement with
JACUSTOMER-od6jrxhr- : But I have received none of this as payment as rent
leanne-jones :

No....... You are the Landlord. They do not have a tenancy agreement with you.

JACUSTOMER-od6jrxhr- : Where the legal route ends and it's not possible to get possession of the property then what would be the best route?
leanne-jones :

But you will - they have no right to stay there. You can't get them out any other way, only the legal route

JACUSTOMER-od6jrxhr- : What about going to the police so that I can gain access to my home
JACUSTOMER-od6jrxhr- : Proving that I own it via land registry
JACUSTOMER-od6jrxhr- : Or council tax bill
leanne-jones :

The Police wont help you.

leanne-jones :

This is a civil matter - they did not break into your house

JACUSTOMER-od6jrxhr- : The form you have provided who do I fill and send it to?
leanne-jones :

You will it in and send it to your local County Court

JACUSTOMER-od6jrxhr- : Do I need to get a solicitor to write to the sub tenants or can I do it?
leanne-jones :

You can do it

leanne-jones :

Does this answer your question?

JACUSTOMER-od6jrxhr- : I already sent them a letter and they said it wasn't legally binding. And haven't moved.
leanne-jones :

Then you can just issue proceedings if you already threatened that in the letter

JACUSTOMER-od6jrxhr- : Ok
leanne-jones :

Can I assist any further? If not, please remember to give my answer a great rating - thanks

JACUSTOMER-od6jrxhr- : Thank you
JACUSTOMER-od6jrxhr- : no that's great
leanne-jones :

Welcome

leanne-jones :

And good luck

leanne-jones :

Please remember to rate the answer - thank you in advance

Expert:  leanne-jones replied 4 years ago.
I'm just following up with you to see how everything is going. Did my answer help?


Leanne