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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Me and two friends rented out a flat from an agency and our

Customer Question

Me and two friends rented out a flat from an agency and our contract is AST.
We have a landlord waiver letter authorizing us to sublet rooms in this same property, however the contract says no subletting. Does this waiver letter gives us the right to sublet or not? The reason I ask is because I live in the flat, and the other two tenants don't and I sublet the 2 rooms for lodgers.
I have a girl who moved in on the 29 March 2015 and we signed a simple agreement stating she moved in this day and that she would moved out on the 25th April 2015 as she only needed to rent the room for this number of nights. We both signed, and I asked two witness also to sign it.
She is texting me saying she can't move out because she is unemployed and will be homeless. I already booked the room to somebody else for the same day.
She went to Hackney Council and they told her I have to give her 2 months notice and then evict her in Court.
I read as a live in landlord, I can change the house's locks and put her stuf out if she doesn't leave. Is that right? Do I still have to give her notice if she rented the room only for a period of nights? On the same letter I gave her, I mentioned if she wanted to stay longer, then an e-mail should be sent to me, at least two weeks before the check out date and that a new agreement should be made. As the procedure was not done, I assumed she would move out and rented the room again to somebody else.
The person who is coming to this room also has no place to live from the 25th April and I've rented already for him.
What should I do?
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. From what you say am I right that you have received no complaint from your landlord or his agent regarding your subletting please? The reason I ask is due to your query about whether the waiver letter you have is valid.
Customer: replied 2 years ago.
Hi,
The landlord is happy with what we do, and the waiver letter says the landlord is happy with that, that we either live or sublet it.
Expert:  Joshua replied 2 years ago.
Thank you. Providing you have evidence ofyour landlords consent to the subletting then this is sufficient to deal with the restriction in your tenancy agreement prohibiting subletting.In respect of your problem lodger, the council have given the lady incorrect advice - she may in fairness not given them all the facts and explained that she lives in the same property as you and shares facilities - but the advice the council have given her only relates to a situation where she occupies the whole property. In this case she shares occupation with you and therefore is an excluded occupier or licensee. This means she has no right to contiue to occupy the property beyond the lengthh of her agreement. If you have a clear agreement which sets out when the agreement ends (i.e. when she has to move out) then that is the date her agreement ends and providing you do not accept any further rent from her after this date she will have no right to continue to occupy the property after this date and there is no need to serve her notice. However it may be sensible to give her a notice referring her to the agreement and that you will require her to fully vacate the property by that date failing which you will call the police if necessary and/or refuse to admit her. Calling the police is a slightly unknown quantity because they are not qualified to give housing advice and therefore struggle sometimes to interpret legal documents. However in principle if you show them your tenancy agreement and permission letter from the landlord and the lodging agreement with the lady they should in principle require her to leave. However as above they can be inconsistent as above. If you refuse to readmit her you must keep her possessions safe and return them to her. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me.
Expert:  Joshua replied 2 years ago.
Can I help you with anything else or has the above answered your questions satisfactorily? I'd be very grateful to know that the above was of assistance.
Customer: replied 2 years ago.

Hi,

Just to clear up.

I dont hold any deposit and will be living for free if I give her notice to leave.

I can give her 1 week notice for example, but do I really need it? As she is lying to the Council, I'm not willing to lose anything.

I want to ask her to leave this Saturday and if she does not, can I still call the police or move her things myself? Or either change the locks if she is out after the 25th? This would end my question gratefully.

Thanks a lot.

Expert:  Joshua replied 2 years ago.
Thanks for your reply. If you have a clear agreement that clearly states when she must leave which you say you do, then you do not have to give her any additional notice as the agreement sets out when she must leave already. I suggest above that it may still be worth giving her notice if you believe she may not leave but it is not strictly necessary. If you do decide to give her a notice then the notice can expire on the day she is supposed to leave - there is no need to give her a further weeks notice in these circumstances. The notice is essentially a reminder of her requirement to leave on the date agreed.The only way in which this would change is if you accept further rent from her for a further period of occupation. Providing you do not - and from what you say she has no money to pay anything further anyway, the position remains as above.She may well have misrepresented the position to the council but in any event their advice given to her is wrong in these circumstances. I hope the above is helpful? Can I help you with anything else or has the above answered your questions satisfactorily? If you could drop me a quick message to let me know.
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Good morning Joshua
I tried to check her out last Saturday at midday but obviously she refused.
She gave me a letter in hands from a company called Shelter, saying I will be breaking the law if I ask her to leave and it also says she is a AST tenant. I asked her to leave and she closed the door and said call the police.
I did and they said they can not come as this is not crime.
I said I got legal advise and I was going to change the locks. They say yes do it so she can not return when she leaves but you have to return her stuff safely. I did change the flats main lock, but she is still camped in the room. She is aware and dont care. Yeaterday I asked again for her to leave and she called the police and the police spoke to me.
The officer was protecting her until I cleared she had an agreement signed where she is supposed to stay only a certain number of nights. She lied to the council, to shelter and to the police that we agreed something else verbally when she first came. My question is why then did she sign the agreement if she didnt agree?
The officer told me not to force her out and ask a solicitor and take her to court.
Can you help please? Im desperate, can not sleep, losing money and the sexond person who is legally on my ast with the landlord have his luggage ready in my room bit can not move to his room because she wont leave. Oven Boza, the second tenant my friend is homeless since saturday because of her.
Thanks
Customer: replied 2 years ago.
I also would lime to mention that i am a director of a small company called my london flat share and have other properties where i sublet, in the same area. She was innitialy texting ny business partner Patric but I was with them all the time during negotiation etc.
probably she thought this flat is just a shared flat and she could easily live there for free. She may not realised I live there as she never lives the room.
I told her it was my flat and i was the landlord st the begin but she may pretended not to hear. She never contacted me in the flat or over the phone but insisted in contacting Patric instead until he said gonand speak to Vander, he is the landlord.
Although webhave a company, this agreement we did was privately under my name and not under my business name.
Patric is involved because he signed the agreement as my witness and so did one of my roomates. He is my business partner but in this flat he is just helping me as we didnt include it innyour business.
I never told her i have a company any way.
This flat especifically, was rented for me to live in it as I am not getting well with my wife. I decided to live separate and see if things change before we divorce. I couldnt prove my income to rent the flat alone so asked a friend Oven Bkza to sharebit with me and we could make some money renting the other rooms and beds. He agreed and would only move in on the 25/4/2015. After this girl decided she would leave on the 25, oven decided to join me in the flat. We have a third lerson on the contract that is also a friend, Julia. She earns more than me so her income plus oven and mine was enough for us to rent it. Julia does not live here anywY. She just helped me. So we have one more room that is rented for a couple and i share my room with two boys. The third room is Oven's room but he cant get in being the legal responsible for it.
I hope this clear up more but please feel free to ask.
Thanks..
Customer: replied 2 years ago.

Hi Joshua,

Would it be possible for me to see you in person for proper legal advice once you are well aware of my situation? I will be in trouble if not helped professionally. Please?

Can you advice costs I'm expected to have?

Thanks a lot

Vanderson de Godoy

Expert:  Joshua replied 2 years ago.
Hello
I am sorry to hear of your continuing difficulties. Unfortunately I am not able to offer in person consultations, however we can transfer off this site to direct communication so you can send me copies of the agreement and correspondence you have by email so I can look at the actual documentation you have received and then suggest some ways forward. I would be happy to look at this for say £120 initially if that is acceptable.

I look forward to hearing from you.
Customer: replied 2 years ago.
Perfect, how can we do that?
Expert:  Joshua replied 2 years ago.
Thanks for your reply. I can create something called an additional service proposal so that we can transfer to email. We can then exchange email contact details and we can continue by email and you can send over the documentation you have confidentially. Please note that although I am based in England, the site is US owned and I have to denominate in US dollars so the amount that appears may not be exactly £120 depending on exchnage rates. May I proceed?
Customer: replied 2 years ago.
Sure
Expert:  Joshua replied 2 years ago.
Thanks. I have sent the offer which should show up on your screen.
Expert:  Joshua replied 2 years ago.
Many thanks. My email should be visible - if not you may need to refresh the page. If you could drop me an email I will respond back to you. I have an appointment I have to leave for in around 20-30 mins which is likely to go on until around 6pm so it may be that I will need to come back to you later this evening and/or tomorrow morning but I will endeavour to look at this this evening if you are available

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