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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Dear Sirs, I have a two bedroom rental property originally

Resolved Question:

Dear Sirs,

I have a two bedroom rental property originally rented to a couple through a management agency. Around the date when the contract was due for renewal in April 2014, I became aware that they didn't live there and had sublet the property as a three room bedsit. Individual locks have been put on the doors and some of my furniture has been replaced.

Due to these two points being in breach of the contract I informed the agent that I did not wish to renew through him.

I am now intending to manage the property myself and wish to implement a tenancy agreement with the two other couples living in the flat.
The third room is inhabited by a friend of the couple who had signed the earlier contract which expired on April 9th 2014. This contract has not been renewed.

This couple is claiming that I have to give them 2 months' notice even though they do not live at the property and the contract has not been renewed and has been breeched. Furthermore their friend in the third room with whom I have no contract is refusing to leave.

Could you please advise what notice period,if any. I now need to give to both these parties and how I should go about it? I am hoping that as there is no contract and that the earlier contract has been breeched that they can be dismissed immediately.

Yours sincerely

David Moratinos
Submitted: 3 years ago.
Category: Property Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask if you have given notice to the agent of your intention not to continue with his services please?

Joshua :

Is rent up to date? From what you say the fixed period the the tenancy expired in April?

Joshua :

On which date each month is rent payable under the tenancy agreement?

Customer:

Thanks for your quick response Joshua. In answer to your questions:

Customer:

Thanks for your prompt response Joshua. In answer to your questions:

Customer:

1) I have notice (by email) to the management agency explaining that I did not wish to renew the agreement (expired on the 9th of April). Furthermore, when reviewing the paperwork from the expired agreement, I realised that I havent even signed it -the management agent signed it (his signature on top of the line with my name and it doesnt even say "on behalf of")

Customer:

2) the resnt was up to date

Customer:

3) the rent is payable on the 9th of every month

Customer:

Just to clarify -the couple in the original contract that expired on the 9th of April hasnt lived in the flat for 9 months

Customer:

they sublet it and I intend to sign an ASTA with the actual tenants (the ones living in the property) but I want the friend of the couple in the contract out of the property

Customer:

His name is XXXXX XXXXX the contract with me (and like I said before, that contract has expired on the 9th of April and in any case I never signed it)

Joshua :

There are two issues here - the first is any ongoing agreement you have agreed with the agent which from what you say if such agreement exists you will wish to consider giving notice to end though you may not have any ongoing agreement with the agent.

Joshua :

The tenants are as you say in breach of contract. However this does not mean that the tenancy agreement with them is void. Your position as landlord is that you have no relationship with the subtenants. Therefore you proceed on the basis that you completely ignore the unlawful occupants

Joshua :

You have two options. You can either serve a s21 notice giving them two clear months notice to leave and then used accelerated possession if they don't. Alternatively you can serve a s8 notice on them but this gives the court discretion as to whether to evict if they refuse to leave so the s21 is likely to be better here.

Joshua :

If you agree with the above, could you confirm from what you say that the fixed term of the tenancy has expired?

Customer:

The agreement indeed expired on the 9th of April.

Joshua :

Thanks

Joshua :

If you wish to proceed to serve a s21 notice which is likely to be the better approach you will need to serve a section 21(4)(a) notice which gives two clear months notice on the tenants to leave which notice must expire the day before rent is payable.

Joshua :

Accordingly you will need to consider serving the notice either today or tomorrow because the date for expiry of the notice can only be 8th of the month. Accordingly you will need to consider either posting today by first class recorded and first class post and better still serving the notice personally. You would serve the notice on the property as that is the address you officially have for your tenants but may also consider serving the notice at any other address you have for the tenants as well, be it email or physical.

Joshua :

You can use the following link to assist you in preparing the notice.

Joshua :

http://www.lawdepot.co.uk/contracts/eviction-notice-forms/

Joshua :

You will need to use the "periodic" option from the drop down box for the right notice.

Joshua :

The next date you can specify for eviction if served today or tomorrow will be after 8th July 2014

Joshua :

Is there anything above I can clarify for you?

Joshua :

Does the above answer all your questions or is there anything I can clarify or help with any further?

Customer:

Do we have any obligation (e.g. notice) with any of the tenants who are subletting and are not listed in the expired contract? do I have any obligation (e.g. notice) with the person who is listed in the expired contract but that hasnt lived in the property for 9 months (while he was subletting)?

Joshua :

No you completely ignore then for the purposes of your notice and any court proceedings you may pursue.

Joshua :

Any possession order you obtain will be binding against your tenants and any one else that may be occupying the property by subletting or any other purpose. Such occupants need not be named.

Joshua :

Is there anything else i can help you with?

Customer:

And just to be 100% clear. Can I also ignore (e.g. notice) the person who is named in the expired contract but that hasnt lived in the property for 9 months (while subletting)?

Joshua :

No the s21 notice must be served upon all the tenants named on the original tenancy unless any one or more of those tenants has formally removed themselves from the contract with your consent by way of a deed of variation or a new tenancy being put in place (which I do not think has happened here)

Joshua :

Are you happy with the information I have provided to you above or is there anything above I can clarify for you any further?

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

Customer:

That has been very helpful, thank you. I'm happy for you to transfer me to the feedback pages

Joshua :

A pleasure. If you have no further questions for now there should be some smiley faces for you to provide and submit a rating for my service.

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