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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I rented out a house months first time The tenant

Customer Question

I rented out a house for 9 months for the first time The tenant were more than happy with the property when he moved in. I had put new carpets in part of the house and painted the interior all the way through and even put in a new shed. There were a couple of repairs which were fixed speedily. He then gave notice that they would be leaving and gave me a date of 13 July. on the 11 June he said there was a burning smell I got someone round within a couple of hours to fix the fault which was found to be a faulty wiring of a plug, it had been alright up until that point. Then 10 days later I found that he had moved out, he had mentioned at one time that he might move into a council property in the middle of June. He has since said that the house was dangourous and he had to move out for the safety of his family. Firstly there is a dispute with the deposit how do I stand with this allegation?
He also owes rent for June and underpaid May and left the house in a mess which I have incurred cost getting back into a decent state. He how want his deposit back.
Also I found out that he has set up a Limited company and is sole Directory of this company and during his tenancy he changed the registered office to the rented house address without my knowledge. How do I stand with this breach of the agreement? Also can he be fined for using a registered address which does not belong to him and it seems he did not inform the council that he was using the address for business.
I have probably made some mistakes along the way, being my first go at renting property. I want to settle with him and move on but he is causing problems. How am I best to proceed.
Kind regards
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Did you say in the tenancy he couldn't use the address for business purpose etc?
Customer: replied 2 years ago.

Yes it says it should not be used for business.

Use of the Property

To use the Property as a private dwelling-house only. This means the Tenant must not carry on any profession, trade or business at the Property and must not allow anyone else to do so.

Expert:  Ash replied 2 years ago.
Not even as an office?
Customer: replied 2 years ago.

Surely the wording in the agreement as shown below covers that.

To use the Property as a private dwelling-house only. This means the Tenant must not carry on any profession, trade or business at the Property and must not allow anyone else to do so.

Expert:  Ash replied 2 years ago.
That is what the exact wording is, the whole thing?
What is it you want to achieve?
Customer: replied 2 years ago.

That is the wording regarding business. That was your question or do you want the whole tenancy agreement.

I want to know if has used the address unlawful because I didn't give him permission to use it as a registered office.

This is taking ages why is that

Expert:  Ash replied 2 years ago.
Is it unlawful - no.
There is no criminal offence of using a residential property as a business office address. It may be a breach of contract which is what it is in this case, but that in itself does not make it unlawful, just a breach of contract.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

What about the other point in my original email.

Expert:  Ash replied 2 years ago.
Can he be fined? Possible by Companies House yes.
Does that clarify?
Alex
Customer: replied 2 years ago.

Do you know the potential fine

Expert:  Ash replied 2 years ago.
£1000.
Alex
Ash and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Is the £1,000 an estimate or is that normal fine for using a registered office without permission?

Also in my original question I mentioned about the tenant saying the property was dangerous due to an electrical fault although he had been living in the property for 8 months. Can he prosecute me?

Expert:  Ash replied 2 years ago.
£1000 maximum imposed by a Court. The tenant can issue Court proceedings against you yes.
You can't stop that.
Alex
Customer: replied 2 years ago.

What court proceedings can teh tenant issue against me.

Also what do you mean "You can't stop that"

Expert:  Ash replied 2 years ago.
You can not prevent any one person from issuing a claim against you.
Alex