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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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I am drafting a letter. I find myself in very terrible

Customer Question

hi,
i am drafting a letter. I find myself in very terrible situation. The Tenant is subletting and not living at the address. Originally i was told it was a corporate let. But i was made to sign a standard AST.
Please read following and let me know if this is the right course of action:
"Without Prejudice Save as To Costs"
On Thursday 5th May 2016, I was call by the Tennant Gena Gomez to assist her in what she described a defective toilet Macerator. I arrived at the Property 41b Comyn Road. After we had dealt with a course of action for the repair I wondered to the upstairs level. I was immediately thrown back by what I saw. I was concerned and shocked and speechless.
I telephone Sushell and described what I have seen. The reception room had been physically altered and partitions has been put up to form 2 bedrooms in the reception room without my consent and my knowledge, thus making the flat a 5 bedroom flat from its original state of 3 bedroom flat. Mr Sushell refuted that I was unaware! This is ridiculous as I would not have accepted to this illegal structure, which neither has my consent and neither complies with building regulations, planning and neither is there a HMO License in place.
I have been made aware by the Tenant Gena Gomez that she thought I knew this alteration had been made and she was shocked I was not been made aware. I told her this was not authorized by myself and I am very upset with this situation.
I am extremely angry that my property has been mutilated like this and the illegality of the changes been made and the number of occupants. I have thus come to the following conclusions and make the following offer to remedy this situation and compensate myself for this gross abuse against my property:
1) The property to be return back to its original condition as it was before it was rented out as per Inventory taken by Inventory Clerks of London on the 7th May 2016. Any costs for this will be Borne by JS & Co Estate Agents and Gena Gomez.
2) I will draw up a new AST agreement directly with Gena Gomez who will be the Lead Tenant of a maximum of 1 other tenants. A flat share. The other tenants occupying the new form bedrooms must vacate asap and all their costs etc and other compensation to be borne by JS & Co Estate Agents.
3) Furthermore, as compensation for this gross violation not only of my property and abuse of contractual obligation of the AST which stands invalid and has been severely breached. And on further examination i am sure has other anomalies that has crossed my mind. I seek compensation of £9050.00 which I deemed paid, upon agreement of this Offer. Gena Gomez had paid 6 month in advance, i regard the month of April and May paid in full. I seek also her agreement of these terms.
4) A new AST will be agreed between me and Gena Gormez privately without JS & Co Estate Agents involvement. The new AST will commence on the 1st of June 2016.
If this offer is not accepted within 21 days from the date of this letter in writing I will be forced than pursue Legal avenues as well as informing the relevant authorities the illegal nature of changes been made to my property, I also point out Changes made without consent of Freeholders of the property. I ask to forward any consent instructions that you have received to perform such violations.
I have taken pictures of these illegal changes and also have asked witness to do the same and if necessary to swear an affidavit if need be.
Ally
Submitted: 7 months ago.
Category: Law
Customer: replied 7 months ago.
The AST is between me and Gena the Tenant, The state agent paid in advance but the contract shows Gena paid in advance 6 month not the estate agents. I have found out they made her pay more than my contract states. i have a feeling they substituted contract details to make it look she is payin me directly and a larger amount.Ally
Expert:  Ash replied 7 months ago.
Hello Ally my name is ***** ***** I will help you with this.Have you served any notice upon YOUR tenant (not sub tenant)?Alex
Customer: replied 7 months ago.
hi Alexi only find out yesterday. I have not served any notice.
Expert:  Ash replied 7 months ago.
Ok - technically you must serve notice upon your tenant, that is who you have an agreement with. You need to serve a section 8 notice and you can find a template online.Then you need to get a possession order of the property if your tenant doesnt give the tenancy up. If the tenant gives the tenancy up then you can create an agreement with the sub tenant if you wish. If you dont then you can go to Court and evict.If the tenant doesnt give up the property then you need to seek an order of eviction. But you MUST end the tenancy with the current tenant and you can only evict the current tenant with a Court order.Do evict you need to complete form N5:http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n005-eng.pdfThe Court will list the matter down and decide whether to make a possession order.Can I clarify anything for you about this today please?Alex
Customer: replied 7 months ago.
Thank you Alex.
The tenant is cooperating.
My main concern is the agent has thru deceit has given the tenant permission to make illegal alteration to the property. The tenant has shown me written evidence of this. In fact communicating with me on the same day saying the partition will be removed within 30 days. And at the same time telling the Tenant that i have given permission for the partition to be up.
In reference to the Consumer Rights Act 2015, regarding Agents Duties. The agent made me sign a contract showing a monthly rental of £2225.00. What I understand now the Agent made the tenant sign a contract apparently showing a different figure £2700, my belief he substituted the page showing the Rental amount for another thus committing fraud. The tenant has been refused a copy of the tenancy agreement, and my copy only shows my initials and my signature. The agent is saying the Tenant owes £2700 per month but without showing a contract whichshe initial signed the same day as me.
I'm i correct believe a Agents Fees cannot be an aggregate figure, meaning pat of the rent and has to be separated and shown to the Tenant/landlord? This is my understanding reading the above Act.
They gave me a copy but refusing to give her a copy. To make this even more murky, the tenant has another 15 properties using this agent she is letting and sub-letting and again at least 10 contract he has refused to give to this tenant. This why i believe this agent is fiddling on the rental amount. Which authority should i contact? The local authority for weight and measures?
I want compensation and damages hence the "Without Prejudice save as to cost." I really want your opinion on this matter how i should proceed.Ally
Expert:  Ash replied 7 months ago.
This is Trading Standards or if they belong to a professional body, that body.You need to write to the agent and set out your losses and request compesnastion 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.If they do not compensate 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://s3-eu-west-1.amazonaws.com/hmctsformfinder/n001-eng.pdf and take it to your local County Court.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.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.Can I clarify anything for you about this today please?Alex
Customer: replied 7 months ago.
Hi Alex,
I received a scan copy of the AST, where the bullets are out of sequence and misspelt. Copy AST with only my signature not the tenants. Bullets (1) (a) then (1.1) then (b)
statement reads: (1.1) can sublet the proeprty and make chnages but the proeprty must be put to the original feature.
The actual tenants wants to vacate as she had the misfortune of been duped to believe that i knew that the 2 new rooms will be created in the reception room. She is willing to vacate and assign the tenants to me on a new AST.
She never instructed the rent to be paid in advance no instructions were given and not only the agents charged here a commission of £1200.00 but also the difference between the AST she signs and the my one of £475, difference at £2700 instead of £2225.00
My thinking is the AST even though doctored still states that rent to be paid in advance and the agreement is between the tenant and myself not suggesting that the money was from the agent. Thus if she willingly vacates out of her own volition and i refuse to give the advance back, it has nothing to do with the Agent. Furthermore as the Tenant gave no instruction for advance payment and was infact unaware of it, there is no contract obligation to pay the agent.
your thoughts?
I do intend to forward this to Standard Tradings. They have done this to others i have been told.
i am thinking the following applies:
Section 8 Schedule 2 of the Housing Act 1988 as amended 1996 gives 17 separate grounds on which the landlord
Ground 17 The tenant is the person, or one of the persons, to whom the tenancy was granted and the landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by – (a) the tenant, or (b) a person acting at the tenant’s instigation
Ground 14 The tenant or a person residing in or visiting the dwelling-house- (a) has been guilty of conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting or otherwise engaging in a lawful activity in the locality, or (b) has been convicted of – (i) using the dwelling-house or allowing it to be used for immoral or illegal purposes, or (ii) an arrestable offence committed in, or in the locality of, the dwelling-house.
Ground 12 Any obligation of the tenancy (other than one related to the payment of rent) has been broken or not performed.
Expert:  Ash replied 7 months ago.
You have grounds to terminate and to seek compensation yes.Does that clarify? Alex
Customer: replied 7 months ago.
Hello Alex,Thanks i have prepared a Section 8, Grounds 12,14 and 17.I will have her signed it .Ally
Expert:  Ash replied 7 months ago.
Great Ally. If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex
Expert:  Ash replied 6 months ago.
If this answers your question could I invite you rate my answer 3, 4 or 5 starts before you leave today.I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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