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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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, I have a non-sublet clause in my tenancy agreement but

Resolved Question:

Hi,
I have a non-sublet clause in my tenancy agreement but did a holiday sublet 3 times in the last year through airbnb (a couple of days each time). My estate agent found my airbnb site and said that I had to pay £1550 or he would possess the property. I negotiated him down to £690. Will I be safe from any further actions if I will pay? Under which conditions? Or should I not pay? Can he really kick me out then? My contract will end in September anyway, and I am really not sure what to do and whether paying will solve this issue for me.
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 :

If you make sure they put in writing it is in full and final settlement of any and all claims against you then they can NOT take further action

Alex Watts :

But you MUST make sure any letter they sent confirms its FULL AND FINAL settlement

Alex Watts :

But if you have breached your tenancy agreement then yes, technically they can seek possession

Alex Watts :

Of course if you refuse then they need to issue you a notice to quit, if you refuse to move issue possession proceedings and even if they get possession order from the Court and you do not move it can take some further time to get a eviction date.

Alex Watts :

All in all that process could take around 4 months or so, but you could delay it more

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

If I do not pay, what would exactly happen? I am not form the UK, so possession sounds very scary to me.

Customer:

And what does technically mean?

Alex Watts :

They could apply for possession if you breached the agreement.

Alex Watts :

They would need to issue a notice to quit.

Alex Watts :

This takes 1 month

Alex Watts :

If you dont leave they apply to the Court for a possession order. This takes 4-6 weeks to list at Court

Alex Watts :

The Judge can award possession within 42 days.

Alex Watts :

Then if you dont leave, they need to instruct bailiffs to evict.

Alex Watts :

You are given a date but this delays it by a further 4-6 weeks

Alex Watts :

Does that help?

Customer:

so, they would have to send me a note. would that be for the end of the month or immediately form now a month?

Alex Watts :

Yes

Customer:

So, one month from today, or always to the end of the month?

Alex Watts :

Well 1 month from the time they send the notice to quit

Customer:

and what did you mean by technically?

Customer:

so even if I pay, they can technically still possess?

Customer:

Is this even legal?

Alex Watts :

If you pay they it MUST say in full and final settlement. If it does then they can NOT repossess

Alex Watts :

Does that clarify?

Customer:

yes, OK, so I have to mind the terms of that settlement.

Alex Watts :

Yes that is correct.

Alex Watts :

If its full and final settlement then they can not repossess

Customer:

so the last follow up is whether or not that is legal?

Customer:

or if this is a fraud?

Alex Watts :

Yes it would be legal

Customer:

at first they wanted it in cash, then they changed to transfer

Customer:

it is a bit suspicious

Customer:

OK thanks Alex!

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