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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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I own a small self contained modern office property which is

Resolved Question:

I own a small self contained modern office property which is let on a lease prohibiting sub-letting in part or sharing possession. The tenant has allowed a friend to work from the property, give the address of the property on his web-site and put his name on the door. He occupies a first floor room to which the tenant also has access and use the lavatories. Is this a protected by the Landlord and Tenant Act and how can I regularize the position as forfeiture seems risky and expensive
Submitted: 11 months ago.
Category: Law
Expert:  Ben Jones replied 11 months ago.

Hi Lee. Thank you for your response. Based on this, I will go ahead and review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you

Expert:  Ben Jones replied 11 months ago.

Sorry. I sent that response to you by accident. I will opt out for another expert.

Expert:  Ash replied 11 months ago.

Hello my name is ***** ***** I will help you with this.

Does the sub tenant have a lease of his/her own?
Alex

Customer: replied 11 months ago.
No, the sub-tenant does not have a written lease or document
Expert:  Ash replied 11 months ago.

Ok - then no the sub tenant does not have protection. They are a sub tenant and unless there is anything to the contrary they are not protected by the Act.

If you want the sub tenant to leave you need to write and ask him to leave or say you will seek a Court order.

If the sub tenant refuses then you need to write to the main tenant and ask him to get the sub tenant to leave.

If the tenant does not then you can seek a court order for lease to be forfeit. Sadly that is all you can do.

You cant get a Court order making the main tenant get rid of the sub tenant.

So all you can do is threaten the main tenant that you will forfeit the lease.
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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Customer: replied 11 months ago.
Do you really mean the sub tenant does not have protection. When the head lease ends is he unable to claim a new tenancy under the Landlord and Tenant Act. If this is the case I am content. I simply do not want to be stuck with a sub tenant in part when the head lease ends
Expert:  Ash replied 11 months ago.

No, the sub tenant has no rights. Your tenant does but not sub tenant.

Does that clarify? Alex

Customer: replied 11 months ago.
excellent. Thank you

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