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SolicitorRM, Solicitor
Category: Property Law
Satisfied Customers: 3560
Experience:  Director and Principal Solicitor. UK
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I have found out my landlord isn't actually my landlord do I

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I have found out my landlord isn't actually my landlord do I have to pay him rent?
Assistant: Because laws vary from place to place, can you tell me what state the property is in?
Customer: I have photos. And it's a multiple occupancy but isn't an HMO property
Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: The tenancy agreement is a type up and the landlord isn't even the owner he is the tenant sub letting illegally and the house is in poor condition and he refuses to do anything about it
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: A lot of things

Hi, thank you for your enquiry and your patience. It is not as straight forward as that. If you stop paying rent you are in breach of your own tenancy. The fact that they did not have the requisite permission makes the subletting unlawful.

However, even if the subletting is unlawful your tenancy is not affected. Your tenancy is valid because your landlord, who is the head tenant's tenant, created a tenancy - your subtenancy. This created the relationship of landlord and tenant between you and them even though they had no authority to let the house.

You therefore lawfully occupy the property under the subtenancy and are obliged to pay the rent until either your landlord decides to end your tenancy in the proper way, or your landlord's own tenancy comes to an end.

You therefore should continue to pay your rent and should the head landlord decide to allow you to carry on living in the property all that will change will be that you will start paying the head landlord directly. Your landlord cannot just expect you to leave, they would have to evict you lawfully should they want to terminate the subtenancy. I hope this is useful and I would be grateful for your rating at your earliest convenience. All the best

Customer: replied 5 months ago.

No problem at all. If it is not too much trouble I would be grateful for your rating by clicking on the row of stars at the top for ja to acknowledge your feedback. All the best

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