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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My husband if renting out a property in London, the travel

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My husband if renting out a property in London, the travel company who were renting it haven't paid any rent for over 2 months. Despite correspondence from his letting agent we didn't hear a word. It appears after some investigation they are subletting to another agent who is subletting to short lets. He has no idea what is going on or who these people are his property has affectively been hijacked. While it was empty he changed the locks and stayed over. Some men appeared and said they had paid a chap to use the property, but hasn't paid us. Now someone has changed the locks again the police were called and they were told to change them back. As yet we don't know what to do. Short let's of this nature are illegal in Westminster. Any ideas? Many thanks
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
When did they rent it and what type of agreement do they have please?
Customer: replied 1 year ago.
Originally a commercial let. But no agreement with these subletting agents.
Expert:  Ash replied 1 year ago.
Are they breaching any term?
Customer: replied 1 year ago.
They are in that they haven't paid any rent for two months, they were also to inform us as to who was resident in the property. They moved in on September 4th 2014 so there is a break clause period for a year.
Expert:  Ash replied 1 year ago.
Does the agreement say what happens if there is a breach?
Customer: replied 1 year ago.
We don't know as he is waiting for a copy from his agents.
Expert:  Ash replied 1 year ago.
Ok, I need to know That please.
Customer: replied 1 year ago.
It says on the contract the following; I quote,
"Not to sub let take on lodgers or paying guest without the landlord or his agents prior consent". There is also,
"For the landlord to commence legal proceedings to repossess the premises based on the breech of the tenancy which might result in the court evicting the tenant". They are not complying with a) and b) and d)
a) is not paying rent, b) subletting without consent d) company becoming insolvent.
Many thanks
Alex
Expert:  Ash replied 1 year ago.
Ok - then you can issue a notice that there has been a default and you want to end the tenancy. If the Tenant refuses then you can issue proceedings. You would need to complete form N5:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n005-eng.pdf
The court would list the matter for hearing and decide whether to give possession.
Can I clarify anything for you about this today please?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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