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Vineet S
Vineet S,
Category: Law
Satisfied Customers: 3078
Experience:  Freelance Solicitor at Self Employed
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This is a continuation from an issue with Vineet S

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This is a continuation from an issue with Vineet S Solicitor.
JA: Where is this? It matters because laws vary by location.
Customer: Been discussing this last couple of hours 9.09.2021 with Vineet S Solicitor
JA: What steps have been taken so far?
Customer: My question to you again Vineet is :Been discussing this last couple of hours 9.09.2021 with Vineet S Solicito
Could I persue my objection to forcing the sub tenant to evict as an Unconscionable agreement.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: A Landlord lets a Property to a Letting Agent who sub-lets their property to a sub-tenant, for a fixed period of 3years. Is it correct that the title roles to each of the 3 parties within the agreement : the landlord remains the Landlord, the Agent become the Tenant who relets to a sub-tenant. Ordoes the Agency take the role of Landlord ?
JA: What steps has the landlord taken so far? Have they prepared or filed any paperwork?
Customer: No, I own the property, therefore I think Landlord.
JA: Where is the property located?
Customer: I went to a property letting agent 4.5years ago (Eastbourne East Sussex, UK) and agreed a 3 year agreement. This has become complex, my reason for asking this question is to make sure my perspective of the agreement. I see it as I will always be the Landlord
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The Agent becomes the Tennent & the people living at the address are the sub-tenants.Vineet S Solicitor
Welcome to Just Answer, I am a solicitor in England and Wales and I will be dealing with your case today.
Kindly note, I am not available for phone calls at the moment, however I can easily assist you via this online chat.
I will go through your question and will get back to you with my answer shortly.
Meanwhile, please ignore any phone call request pop-up, they get generated automatically without any input from the expert, so I have no control over these requests.Want to switch to a live phone call?
We can talk on the phone to make it easier to get the help you need.
Amount: £44Call me
By clicking "Call me" you agree to the additional amount and to credit the Expert.OK I'lll await your responseThankyou Vineet. to continueOK, The bigger picture which promoted me to look for clarity in my reasoning is this : Because Myself & my Husbnd had planned to do some travelling when we retired, I looked at a kind of guardian service for a rented property we owned.
this resulted in a 3year, as you say, common law agreement with Northwood.It has always been our plan, & been vocalised at enquiries, meetings & so on. recommending that this contract was the right one for our needs.
The family sub tennants are happy & don’t want to move, the have made the house their home. there are 2 litle underschool age children & a new arrival boy.In November 2019 it was noted that a fig tree had been cut down, & the tenant denied any restrictive conditions from her Agency, also the subtenant never saw them. raising the question - Did need Northwood on board ? Northwoods response was we can’t change anything until the contract was over. From our perspective it seemed that they weren't informing the sub-tenant of behaviour in the property, in the same way as with us that the contract drawn was the rigatoni for us.From January 2020 I contacted Northwood in respect of action required at the end to complete the contract. They were very evasive.The 3year agreement matured in lock down 14.05.2020 and no contact other than it had rolled over. Then the office staff raised the criteria that the had to give the property back vacant, therefore had to evict the tenant. My argument was that they would have preferred to stay. I didn’t need them to move, and it was an unreasonable expectation in a global pandemic with 2 younge children & an infant canI have asked If I can pay for a different product such as finders fee for them to redo the Due diligence on the family, or any other product but they maintain the property has to be empty before they can give me back to me.My question to you again Vineet is :
Could I persue my objection to forcing the sub tenant to evict as an Unconscionable agreement.I can’t believe any Judge would say that it ws reasonable to evict under the circumstances described above.
Currently there is a very contagious strain around East Sussex - almost my entire extended family have had covid over the past 4 w
Submitted: 13 days ago.
Category: Law
Expert:  Vineet S replied 13 days ago.

Welcome to Just Answer, I am a solicitor in England and Wales and I will be dealing with your case today.

Kindly note, I am not available for phone calls at the moment, however I can easily assist you via this online chat.

If a phone call is not required then please ignore phone call request pop-up, they get generated automatically without any input from the expert, so I have no control over these requests.

I will go through your question and will get back to you with my answer shortly.

Expert:  Vineet S replied 13 days ago.

Hi there,

If your agreement with the Agents is for 3 years ( common Law agreement) then you can ask for the possession back As Common Law Agreements are contractual in nature, parties are bound as agreed in the contract. You need to go through if the term is for 3 years or till the sub-tenant leave the rented property?

So, you need to go through your agreement with the Estate agents to know the term of the agreement and when you can get the possession back.

If the term is of 3 years , you can take over the tenancy as their new landlord( provided there is nothing to provide otherwise in your common law tenancy agreement with the agents)

You can take over the tenancy with the sub-tenants by serving section 3 of the Landlord and tenant Act 1985, informing the he /she is in fact the new landlord, having taken over from the old one. This notice must contain the details of the new landlord, Name and actual address of the new Landlord.

you would also serve a notice under section 48 of the Landlord and Tenant Act 1987, informing tenants regarding the address for service of documents.

Serving these notices, does not result in a new tenancy .The original tenancy agreement that was created between the tenant and the previous landlord remains in place.

Expert:  Vineet S replied 13 days ago.

So, you would not have to evict the sub-tenants , can take over the existing tenancy.

Expert:  Vineet S replied 13 days ago.

I trust this helps.

If you need further assistance, please let me know.

In the meantime, thank you for using Just Answers. Best wishes

Customer: replied 13 days ago.
As the contract states for Agent to hand back the property empty & it is now 17 months since my contract expired. Would it be feasible for me to pursue my objection to forcing the sub tenant to evict with young children & newborn during a Covid pandemic as Unconscionable expectation. Even if I take a different service with the Agent, the Agent states that the tenant would still have to be evicted.
Expert:  Vineet S replied 13 days ago.

Ask your agent that you would be taking over the tenancy as their new Landlord , while opting for a different service with the Agents