Ask a Law Question, Get an Answer ASAP!
Hello, welcome to Just Answer! My name is ***** ***** I am a London based practising barrister with over 15 years experience. I am happy to assist you today. I may need to ask you some questions in order to determine your legal position and I will provide you with an email advice on the same day. Thank you.
There will be an automatic generated phone call offer should you wish to speak to me directly for a fixed fee with no time limit.
(Please note this is NOT always an instant chat service therefore I may not be able to reply immediately. Rest assured that I am dealing with your query and will get back to you the same day. / within 24 hours if it's outside office hours.)
I am sorry to hear about the situation that you are in.
First of all, a tenancy agreement can be signed between the landlord and the tenant, I do not see how the agent can create a legal binding tenancy without your knowledge and your signature?
In relation to the 15% payment that they demand, 15% of what exactly? Do you have a copy of the agreement you have with the agency so I can take a look for you?
Thank you :)
Thank you. Please bear with me i will take a look now.
Is this the only agreement? As it expired in September this year, am I right in thinking that you did not sign a new agreement?
I don't see how the letting agency could insist on possession on 5 November if there was no effective agreement in place?
The 30 days notice is incorrect.
From the information you provided, the letting agency has no legal rights to sublet the property as the original fixed term agreement has already expired. Your agreement does not provide a provision to turn the "tenancy" into a rolling contract.
They are illegal occupants of your property and you have every legal rights to take back possession or they will be liable for trespassing.
Not at all! You have no agreement with the "tenant" in the house. They can't just let someone in, call that person a "tenant" and make it legal for them to live there. You gave them no permission to sublet the property so anything they signed is illegal.
Trespassing or Squatting in a residential premise is a criminal offence under s144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LAPOA) meaning that the police can get involved. This is now regarded as a criminal offence and can lead to a prison sentence of 6 months and/or a £5000 fine.
Alternatively, you can sue them for damages or obtain an injunction order to remove them.
Yes, you can change the lock, and if they want to come back to claim back their belongings (if any) I suggest you contact the police for assistance.
No. There is nothing in the agreement that says you have to pay them 15% fee. The agreement is already terminated in any event.
Can i clarify anything else for you?
Once you got rid of the tenant, you can consider whether to sue the agency for damages. Although that require some legal considerations.
You are welcome.
Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.
Hi, I am a barrister and I am not in a position to provide you with my advice on someone else's opinion. All I can say is £210 +VAT per hour is excessive for this type of work from a solicitor because if this case goes to court, you will have to pay for a barrister to represent you anyway.
You are welcome. Just be aware of who you instruct make sure the legal fees are transparant. Take care.