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iram a
iram a,
Category: Property Law
Satisfied Customers: 1583
Experience:  Principal at IA Solicitors
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I want to ask about contract breach by a tenant; what could

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Hi, I want to ask about contract breach by a tenant; what could the consequences be etc
Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No
Assistant: Where is the property located?
Customer: Edinburgh
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: No
Customer: replied 9 days ago.
Basically what happened is: my friend has been renting a flat so the lease is on his name. I’ve been staying with him without paying rent and following an inspection the agency found out and gave me three days to move out. My friend has also been out of the country for more than two weeks without letting them know; so he has breached at least two parts of the contract. There is also some damage on the flat that we have to pay and we agreed already to do so and even offered to find someone to fix it. What action could they take? Could they take him to court because of that? I’ve also had the internet and council tax on my name; could they find out and take action for that as well?

Hi

I give your answer.

They can apply for eviction order for him. There is no way to find out about internet but they can ask to bring council tax with him to the agency or in the court. they can charge him that he did sublet the property without their permission. But if he will be able to prove that you were staying there as a friend temporarily just to take care of house then court can dismiss the case.

I hope ig will help you.

Please give 5 star to encourage me to help people

Customer: replied 9 days ago.
Can he prove that by showing statement of his bank account, since he was transferring money for the rent? What are the possibilities that they will take him to court? Is that common for agents/landlords to do? And if they took him to court and won what would the damage be? How much could they ask for ? Could he go in prison? I’m sorry for all the questions I’m just trying to help my friend and start saving money in case he needs to pay anything

It depends what information your provided them when they came to the house. He can give his bank statements but when what did they say you about him? he need to contact with the agency.

You no need any help, if your friend talks to the agency and go to them then they will not do anything. Now the best thing is that you stay away from this matter and your friend deal with the matter. If this is not possible then it could be problem. They can ask for eviction from the court but not any damages.

i hope it will help you

Customer: replied 9 days ago.
They only said he needs to talk with them and that there is some damage in the bathroom. Basically they talked with my sister who didn’t know they were not supposed to know we lived there.and when they talked with him they told him that me and her has 3 days to move out, he will come and check and we also have to leave the keys.

You are facing this mess because you did not deal this matter properly. I believe they are in doubt that your friend does not live there at all.

If your friend talks then everything could be sorted it out.

but if your friend does not come then it could be a problem

Customer: replied 9 days ago.
Hopefully it will! As having to stay at friends homes and find a new flat on short notice is already too stressful! And yes you’re right, I could have avoided this if I asked to be on the lease
Customer: replied 9 days ago.
Thanks for your time

welcome

please give positive rating

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