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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I am a letting agent and have a dispute between tenant

Customer Question

Hi, I am a letting agent and have a dispute between tenant and landlord. The tenant owes approx £4k in rent and has already failed to keep up a consent order. After 5 weeks of no contact from the tenant, we discovered that he had sub-let all rooms out and was not actually living at the property. The landlord told the people in the house to stop paying the tenant and to instead pay the landlord (who by now has problems with his lender). Locks were changed. 2 weeks later the tenant says that he wants his stuff back (landlord unhappy to do this). Tenant says he has been advised that the eviction is illegal and will take to court if landlord does not have his stuff back. Landlords response it to let the tenant take him to court. Where does the landlord stand? Is he likely to win?
Submitted: 8 months ago.
Category: Property Law
Expert:  Ash replied 8 months ago.
Hello my name is ***** ***** I will help you.
Was the tenant living in when locks were changed?
Customer: replied 8 months ago.
Hi Alex,
No, he wasn't. There are still 3 people at the property who are sub-letting and I'm sure they'd be happy to sign something to confirm that he wasn't there and for how long for.
Expert:  Ash replied 8 months ago.
Ok, so in short the locks have been changed and your tenant has not been living there. Do you know for how long?
Customer: replied 8 months ago.
Hi, one of the sub-letters has confirmed that the tenant moved out in November 2015 and only returned to collect rent from the rooms but did not ever stay at the property.
Expert:  Ash replied 8 months ago.
Ok - this can be an issue. You should have got a Court order before evicting, this is a legal requirement. But your argument is that the tenant is not living there.I think you should sue the Tenant for any arrears and breach of tenancy. So no, let the tenant you to Court, I cant see how he can win.Can I clarify anything for you about this today please?Alex
Expert:  Ash replied 8 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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