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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am the owner of a property and have a fixed term tenancy

Resolved Question:

I am the owner of a property and have a fixed term tenancy agreement with a letting agent, who in turn let to another agent who have a contract with a local business to accommodate their employees, however we know that the tenants have changed several times in the term of the agreement. Do I have any rights to evict the tenants as they aren't who is stated on my agreement?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

I assume this is a commercial property? Does the agreement allow for sub-letting?

Customer:

No this is a private property (flat) and the tenancy agreement states 4 names of the original tenants and there is a sub note that says "Please note the above people are noted as authorised to reside within the property but may not be in occupancy for some of the tenancy term". At no point does it state that sub-letting is allowed.

Alex Watts :

Thank you. In that case you can evict the tenants not named but you need a Court Order.

Alex Watts :

You would first need to write and ask them to leave within 28 days.

Alex Watts :

If they refuse then you can issue proceedings. This can be done online at: https://www.possessionclaim.gov.uk/pcol/

Alex Watts :

The Court will list the matter for hearing and decide whether to make a possession Order.

Alex Watts :

If granted they will have to leave, if not then they can be evicted and bailiffs sent.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Even though they aren't named is there any back door get out as this is being let through a firm to another firm? I am planning on going to the offices of our letting agent tomorrow to discuss this matter with them.

Alex Watts :

No. You are the Landlord and unless there is a clause allowing to sublet then they can not.

Alex Watts :

Does this help?

Customer:

Just one last thing if I may, our letting agent said that we had to issue 2 months notice to say that we didn't want to extend the contract beyond the initial six months. is this a legal requirement? As I can't find any information on their website or any other sites.

Alex Watts :

2 months is a legal requirement yes.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


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