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 propertylawyer Your Own Question

propertylawyer
propertylawyer, Solicitor
Category: Property Law
Satisfied Customers: 233
Experience:  Property solicitor with expertise in commercial and residential property transactions.
94563951
Type Your Property Law Question Here...
propertylawyer is online now

If a tenant sublets a room in a property that he has an AST

Customer Question

If a tenant sublets a room in a property that he has an AST with the Landlord, and that tenant has drawn up a separate contract to another person subletting, can the tenant enforce the contract on the person subletting and hold them to a notice period, just as a landlord could with the original tenant?
I am not sure on the rules of subletting which I thought was a breach of the original AST?
Submitted: 1 month ago.
Category: Property Law
Expert:  Jamie-Law replied 1 month ago.

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

Enforce what contract? The AST or the sub tenancy agreement?

Customer: replied 1 month ago.

Hello, I mean the sub tenancy agreement.

My current tenant is having problems with the person he previously sublet a room from where he was previously living.

He had a sublet contract which he renewed for 12 months in July but due to health reasons, wanted to move closer to work and moved to my property in August. He agreed with the person he was subletting with that he would continue to pay his rent there until November but is now having problems because that person is now changing what they originally agreed and wanting him to pay longer. I don't believe the notice was agreed in writing so he is now concerned about what to do as he is paying rent to me (on an AST) and rent to the sublet person at the previous property.

I am trying to help advise him what to do. I thought it was a breach of the AST to sublet but he said he had a sublet contract so I don't understand how a sublet contract works and if it is the same as an AST?

Expert:  Jamie-Law replied 1 month ago.

Then the sub tenant is bound by the terms of the sub contract. If your current tenant wants to evict, he must get a possession order.

Does that clarify?

Customer: replied 1 month ago.

Sorry I don't understand so please can you clarify.

My tenant is now living at my property under an AST. His 'landlord' of the previous property is a tenant with an AST but gave him a subcontract.

So how can a tenant under an AST obtain a possession order when the subtenant has already left (he is not living at that property anymore)? He is not living there anymore, he is now living at my property under an AST. The issue is with the previous property not mine.

Expert:  Jamie-Law replied 1 month ago.

Then the Landlord can just seek possession. If the person living there does not have a contract, then you can get a possession order anyway

Does that clarify?

Customer: replied 1 month ago.
Relist: Inaccurate answer.
Expert:  propertylawyer replied 1 month ago.

Why is this relevant if the sub tenant has moved out?

As to whether subletting breaches the AST, only if the AST prohibits it.

Customer: replied 1 month ago.

The sub tenant left the property after only one month of signing a new subcontract so he agreed with the person he was renting from that he would continue to pay the rent until November. Now the person he was renting from is trying to extend the period longer than November. Can the sub tenant do anything to come out of this contract? He moved out in August but has been continuing to pay rent.

Customer: replied 1 month ago.

I cannot rate the answer as the question has not been answered. Please see my response below to your question. The question is about whether the subtenant is legally committed to continue paying the rent given the whole circumstances which are outlined throughout the replies here.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2427
    Over 5 years in practice.
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2427
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    414
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1823
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    241
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.