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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 2604
Experience:  Solicitor
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I signed a contract with landlord to rent a property.But I

Customer Question

Hello,I signed a contract with landlord to rent a property.But I sublet a property without written landlords permission.But I got messages with the landlord where it confirms it what property is sublet and landlord is ok with it.And landlord visited property many times and spoke to tenants so he knew it 100%.Recently Newham council found out what the property does not have a rented property licence and threatening to give a fine to the landlord.He can not give us a notice 21to evict us because property does not have a licence but he gave us notice 8 to evict us.Ground is because I break a contract and I sublet a property without his permission.But he knew about sublet.All rents been paid on time and he gave us 20 days to leave a property in his notice 8.We want to leave asap but there is family with small kid and we could not find where to go.We got 3 days left.If we will not leave next step will be court where I really do not want to go.Can you give some advise please.Mr Vilius
Submitted: 5 months ago.
Category: Property Law
Expert:  Jamie-Law replied 5 months ago.

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

What do you want to achieve please?

Customer: replied 5 months ago.
we just want to stay until we find a place where to go.A period of 18days was too short to find.And 18 of October is last day.We might need few weeks or one month. We do not want to go to court and if court decides what we break a contract will will have to pay all court expenses .
Expert:  Jamie-Law replied 5 months ago.

Ok. Sadly if he has served a s.8 notice and you don't leave, all he can do is take you to court to get possession.

However he can not get possession on the basis of a breach when he knew about it. But you would need a court set Determination on that.

By going to court it can delay the process of moving, as you will have 28 days to respond to court proceedings.

So you can refuse to go and just delay proceedings which will give you time to leave.

Can I clairfy anything for you about this today please?

Customer: replied 5 months ago.
you mean refuse to go to court?
Customer: replied 5 months ago.
what happens if court date will be set but we will vacate property by this date?
Expert:  Jamie-Law replied 5 months ago.

the court date would be vacated.

Does that clairfy?

Customer: replied 5 months ago.
Ok all good thank you.
Expert:  Jamie-Law replied 5 months ago.

If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face, otherwise the site does not pay me for the time spent with you today. Thank you in advance and good luck!

Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 2604
Experience: Solicitor
Jamie-Law and other Property Law Specialists are ready to help you
Customer: replied 5 months ago.
Good morning ,can I ask some question again?
Expert:  Jamie-Law replied 5 months ago.

If it is on the same question yes.

Customer: replied 5 months ago.
It is yes.We had to leave a property yesterday as per landlords notice 8 request.I am main tenant on the property and contract is only on me.I left a property but there is two familes and they refusing to leave and they refuse to pay a rent for the last three weeks.Newham councill advised them do not leave until you get court order and than councill will be able to provide them accomodation.But they can afford to rent a room on their own but they know how it works and my tenants play thise dirty games..How I should react in this situation?There is not any contract between them and me.Thank you.
Expert:  Jamie-Law replied 5 months ago.

If you have left there is nothing you can do. The other tenants need to be evicted via the Court by the Landlord if they refuse to leave.

Customer: replied 5 months ago.
But if contract is only on me is'nt it my responsibility to give empty house to landlord.Until this I should pay the rent even other tenants do not pay me?
Expert:  Jamie-Law replied 5 months ago.

Correct. You need to keep paying until they leave.

Customer: replied 5 months ago.
only landlord got legal right to evict them?poCan I do something as a leading tenant?
Expert:  Jamie-Law replied 5 months ago.

Correct. You can only evict them with a Court order. Only a Court order.

Customer: replied 5 months ago.
can court and bailift expenses be passed to families who refuse to leave even they do not have a contract between them and landlord?
Expert:  Jamie-Law replied 5 months ago.

Yes.

Customer: replied 5 months ago.
Is it complicated or automaticly will be expenses to them?
Customer: replied 5 months ago.
Sorry for some unprofesional questions mybe :)
Expert:  Jamie-Law replied 5 months ago.

You have to pay a Court fee of £355, but you can ask they pay costs.
You wont necessarily get that though

Customer: replied 5 months ago.
But if landlord asks a court?
Customer: replied 5 months ago.
Than expenses from me?But if I ask a court than I can claim expenses from them?
Expert:  Jamie-Law replied 5 months ago.

No you can only recover the Court fee, NOTHING else.

Customer: replied 5 months ago.
Bailift expenses are they expensive?
Expert:  Jamie-Law replied 5 months ago.

£100.

Customer: replied 5 months ago.
Do I have some legal right to serve some notice to my tenants if I am only leading tenant but there is nm
Customer: replied 5 months ago.
But there is not any contract between us
Expert:  Jamie-Law replied 5 months ago.

Yes, dont worry.

Customer: replied 5 months ago.
Can they refuse a rent even they can afford to pay it?Can
Expert:  Jamie-Law replied 5 months ago.

Yes

Customer: replied 5 months ago.
Can I claim it back in the court?
Customer: replied 5 months ago.
Pay a rent sorry
Expert:  Jamie-Law replied 5 months ago.

Yes

Customer: replied 5 months ago.
If landlord will start court precedings is my credit history will be affected somehow even all rents been paid on time and it is not my fault what those families are not leaving a property?
Expert:  Jamie-Law replied 5 months ago.

Yes if you get a CCJ, it will be recorded on your credit file.

Customer: replied 5 months ago.
In what cases CCJ is given?
Customer: replied 5 months ago.
Is that could be a case?
Expert:  Jamie-Law replied 5 months ago.

ANY Judgment for money AGAINST you will be a CCJ

Customer: replied 5 months ago.
But it is not money.Or still money because it is property in other way money too.
Expert:  Jamie-Law replied 5 months ago.

Still money if the landlord seeks a Court order against you with costs or arrears

Customer: replied 5 months ago.
Should I start court procedings to my tenants before landlord starts against me to avoid CCJ?
Expert:  Jamie-Law replied 5 months ago.

Yes.

Customer: replied 5 months ago.
Could recomend me some lawyer ar company who could help me with this
Expert:  Jamie-Law replied 5 months ago.

http://solicitors.lawsociety.org.uk/

Customer: replied 5 months ago.
Thank you very much for your time Jamie.Have a nice day.
Customer: replied 5 months ago.
Hopefully will resolve this situation.
Expert:  Jamie-Law replied 5 months ago.

All the best.

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