How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jamie-Law Your Own Question
Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 5593
Experience:  Solicitor
96104960
Type Your Property Law Question Here...
Jamie-Law is online now

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: 1 year ago.
Category: Property Law
Expert:  Jamie-Law replied 1 year ago.

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

What do you want to achieve please?

Customer: replied 1 year 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 1 year 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 1 year ago.
you mean refuse to go to court?
Customer: replied 1 year ago.
what happens if court date will be set but we will vacate property by this date?
Expert:  Jamie-Law replied 1 year ago.

the court date would be vacated.

Does that clairfy?

Customer: replied 1 year ago.
Ok all good thank you.
Expert:  Jamie-Law replied 1 year 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 and 2 other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
Good morning ,can I ask some question again?
Expert:  Jamie-Law replied 1 year ago.

If it is on the same question yes.

Customer: replied 1 year 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 1 year 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 1 year 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 1 year ago.

Correct. You need to keep paying until they leave.

Customer: replied 1 year ago.
only landlord got legal right to evict them?poCan I do something as a leading tenant?
Expert:  Jamie-Law replied 1 year ago.

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

Customer: replied 1 year 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 1 year ago.

Yes.

Customer: replied 1 year ago.
Is it complicated or automaticly will be expenses to them?
Customer: replied 1 year ago.
Sorry for some unprofesional questions mybe :)
Expert:  Jamie-Law replied 1 year 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 1 year ago.
But if landlord asks a court?
Customer: replied 1 year ago.
Than expenses from me?But if I ask a court than I can claim expenses from them?
Expert:  Jamie-Law replied 1 year ago.

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

Customer: replied 1 year ago.
Bailift expenses are they expensive?
Expert:  Jamie-Law replied 1 year ago.

£100.

Customer: replied 1 year 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 1 year ago.
But there is not any contract between us
Expert:  Jamie-Law replied 1 year ago.

Yes, dont worry.

Customer: replied 1 year ago.
Can they refuse a rent even they can afford to pay it?Can
Expert:  Jamie-Law replied 1 year ago.

Yes

Customer: replied 1 year ago.
Can I claim it back in the court?
Customer: replied 1 year ago.
Pay a rent sorry
Expert:  Jamie-Law replied 1 year ago.

Yes

Customer: replied 1 year 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 1 year ago.

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

Customer: replied 1 year ago.
In what cases CCJ is given?
Customer: replied 1 year ago.
Is that could be a case?
Expert:  Jamie-Law replied 1 year ago.

ANY Judgment for money AGAINST you will be a CCJ

Customer: replied 1 year ago.
But it is not money.Or still money because it is property in other way money too.
Expert:  Jamie-Law replied 1 year ago.

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

Customer: replied 1 year ago.
Should I start court procedings to my tenants before landlord starts against me to avoid CCJ?
Expert:  Jamie-Law replied 1 year ago.

Yes.

Customer: replied 1 year ago.
Could recomend me some lawyer ar company who could help me with this
Expert:  Jamie-Law replied 1 year ago.

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

Customer: replied 1 year ago.
Thank you very much for your time Jamie.Have a nice day.
Customer: replied 1 year ago.
Hopefully will resolve this situation.
Expert:  Jamie-Law replied 1 year ago.

All the best.