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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I let out a commercial property With a flat above on 5 year

Resolved Question:

I let out a commercial property
With a flat above on 5 year lease .
My tenant has sublet the property
Without my permission
And has not payed me any rent for
Sept and oct
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts :

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

Alex Watts :

Is it against the terms to sublet? Is it the commercial property or flat he has let please?

Customer: He needs written permission from me
Customer: Which I never gave , he has sublet both parts commercial and flat
Alex Watts : Ok. What is it you want to achieve ?
Customer: Posseion of my property
Customer: Rent payments made up to date
Alex Watts : Ok. What you need to do is serve notice on your tenant and their sub tenant, even if you don't know their names (persons unknown)
Alex Watts : you can say you will take possession proceedings.
Alex Watts : You can gain entry and possession of the commercial element without a court order, but its Always best to get one.
Alex Watts : As for the private dwelling you must get a court order for that.
Customer: how long does it take for a court order
Customer: and costs
Customer: Do I need to serve anything to my tenant who I leased out the property to
Customer: Also I have been told my tenant has gone away
Customer: But his son is around
Customer: who I have dealt with before
Alex Watts : You will be able to claim costs and interest. You can ask for judgement on the arrears.
Alex Watts : yes you need serve the people in possession of property
Alex Watts : Can I clarify anything for you?
Customer: The original person who I signed the lease with has gone away
Alex Watts : Yes that does not matter,
Alex Watts : You issue against persons in occupation for a possession order
Alex Watts : one for the commercial aspect, one for dwelling
Alex Watts : You ask them to quit and if they don't issue possession proceedings
Alex Watts : Does that help?
Customer: very helpful
Alex Watts :

Can I help with anything else today?

Alex Watts :

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