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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have rented a residential property to a person months

Customer Question

I have rented a residential property to a person for six months AST for residential use. This tenant advised me at the on set ,she was in marketing and conducted her business on the internet.
I find that now that property (which is a country manor house and listed very pretty and fully furnishd )has been and is being used in the following manor.
1. The property has been advertised on varrious internet menu advertising the prpoerty for daily hire ,catering for functionc, wedding being one, there are adverts on varrious search engines ,photography, models ,nude, may be more ?, its does appear on an unsavory web that invites forms of pornography.
2. The house on a number of days per week accommodates up wards of 20 vehicles with persons spending between 4 and 24 hours at the property . I have witnessed naked women in model type roles with vehicles sometimes naked and being photograhed and with an audience.
3. The house and gardens and interior facilites are being displayed on a face book and websites clear showing the property and its commercial hire and reward features.
4. Clearly as Landlord i have put a stop to this. Given time under Land lord and Tenant this person will be evicted.
My question is in common law What is the term used for someone who users anothers without permission and approval of authorites ie Planning.
The house Externally and Internal rooms are posted without my permission for hire and reward.
If i was to consider legal claim .What is this breach called and how do you value the breach.
Thankyou
Robert Shaw ***********
*****@******.***
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Has the person breached a term of the AST. Does it exclude a business from home?
JACUSTOMER-a66f6itk- : The Ast noted that discrete business couldbe carried out .
JACUSTOMER-a66f6itk- : The tenant said that she was involved in marketing and assissted businesses to develop sales by nett working.
JACUSTOMER-a66f6itk- : I feel that action under L&T would be difficult ,
JACUSTOMER-a66f6itk- : An action under common law ,using my assets with out permission and that being public is the affence.
JACUSTOMER-a66f6itk- : Is that called something.
Alex Watts : Ok. There is no common law offence here. It is a matter of contract law.
Alex Watts : You need to write giving a section 8 notice about the beach and say you intend to end the tenancy
Alex Watts : If the tenant refuses to comply you can issue proceedings for possession
Alex Watts : You would need to complete form N5 and submit it to court.
Alex Watts : http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n005-eng.pdf
Alex Watts : The court will list the matter for hearing and decide whether to give possession.
Alex Watts : You could issue proceedings for breach of contract but you would need to quantify and particularise your loss
Alex Watts : You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy
Alex Watts : If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
Alex Watts : The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
Alex Watts : If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Alex Watts : Can I clarify anything to you about this today please?
JACUSTOMER-a66f6itk- : My main question is the legal word used when a person uses someone else's asset or property with out permission for financial gain .what does the courts call this
Alex Watts : Breach of contract.
Alex Watts : Does that help?
JACUSTOMER-a66f6itk- : Thankyou
Alex Watts : Great. If I could ask you to rate my answer before you go today. The button should be at the bottom of the screen
Alex Watts : If you need more help please click reply
Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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