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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I rent out an apartment in SW1 London. I signed a 1 year tenancy

Resolved Question:

I rent out an apartment in SW1 London.
I signed a 1 year tenancy agreement with a UK company.
I received 3 months ago a Planning contravention notice from Westminster City Council
and ask for information if my apartment is used as "temporary sleeping accommodation".
I sent them the contract and filled out the questionnaire.
I have no idea if the UK company is illegally subletting "short-term" the apartment. I don't live in UK and cannot go there easily.
I just received a letter from the Council that they found out that it is used as "temporary sleeping accommodation" and I have 28 days to change that or they will issue an enforcement notice.
What shall I do?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you.

Alex Watts :

I assume you own the flat please?

Customer:

yes

Alex Watts :

Who owns the block, who is the freeholder?

Customer:

as far as I know "Knightsbridge Freehold Co Ltd".

Customer:

why is this important?

Alex Watts :

I just needed to know it was not the Council.

Alex Watts :

Has your tenant been breaching your agreement with you?

Alex Watts :

Has the enforcement notice been served on you or the tenant ?

Customer: No
Customer: np
Customer: Sorry. 2 times no
Alex Watts :

So the tenant , not you?

Customer: No. No notice was served to anybody
Alex Watts :

Does your tenancy agreement say they must comply with all legal requirements etc?

Customer: Yes
Alex Watts :

Ok - then you don't need to worry

Alex Watts :

If this means the tenant has breached the agreement you can serve a section 8 notice if during the fixed term or section 21 notice if outside the fixed temr

Alex Watts :

This means they have to give up possession on the basis they have not complied with their tenancy agreement

Alex Watts :

Either way you are not responsible for the tenants actions

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

is the letter from the Council enough to terminate the tenancy agreement?

Customer:

What does it mean inside or outside the fixed term?

Alex Watts :

Normally you have a fixed term of say 1 year, which you have done. I do not know when this has started but if it has been more than a year then it is a periodic tenancy.

Customer:

it is less than 1 year

Alex Watts :

The letter from the Council may well be enough to terminate as they must have evidence that your tenant is acted in breach of his tenancy agreement.

Alex Watts :

Then its a fixed tenancy and you need to issue a Section 8 notice

Customer:

I normally cannot terminate

Alex Watts :

Normally no - but you can for breach

Customer:

ok. Is the letter from the Council enough to prove the breach?

Alex Watts :

Yes

Customer:

what is the cheapest way to file a section 8? can a real estate agent do this?

Alex Watts :

You can find a template online and do this.

Alex Watts :

Yes an estate agent can do this

Alex Watts :

https://www.makeurmove.co.uk/page/Free-Section-8-Notice

Alex Watts :

http://www.isurv.com/site/scripts/download_info.aspx?downloadID=478

Customer:

thank you !

Alex Watts :

if this answers your question might I invite you to rate my answer today

Alex Watts :

If the system wont let you or you need more help please click reply

Alex Watts :

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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