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Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 19525
Experience:  Solicitor
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I have a question related to property law, Raynes Park

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Hello there. I have a question related to property law
JA: Where are you? It matters because laws vary by location.
Customer: Raynes Park London
JA: What steps have you taken so far?
Customer: I am a sublandlord and have a query about EPC certificate and multiple occupancy. One of the tenants noted that we haven't had these supplied. I was not aware they existed or what they were but now that I have I have asked my landlord to sort. Problem is the tenant is wanting to take legal action and said I'm part responsible despite not knowing these things even existed. Is this true? Is it not the primary responsibility of the landlord to have these things in place?
JA: Anything else you want the Lawyer to know before I connect you?
Customer: There is one other thing about deposit
Customer: replied 1 year ago.
about the deposit...when the last housemate moved out she destroyed property so there was an issue with returning her deposit with the DPS. When the new tenants moved in I stupidly gave them the option of securing their deposit with DPS of
Customer: replied 1 year ago.
Or me keeping hold of it. They didn't decide so I kept hold of it. Now that this issue with the EPC certificate etc has come about he has said he is taking legal action for not protecting his deposit. I have now secured his deposit with DPS but he is not satisfied and wants to claim back the max for not protecting it before. What happens here?
Customer: replied 1 year ago.
I will have many questions for you I'm afraid
Customer: replied 1 year ago.
As a sublandlord what rights do I have? I have contacted my landlord who doesn't want to get involved and is taking no responsibility saying that he handed over the house to me to sort so I need to resolve the issue with the tenants. Don't think he quite realises the ramifications
Customer: replied 1 year ago.
As a sublandlord I have taken on a huge responsibility for the house and when things go wrong I sort it out. When taking on new tenants I have seen the prices of rooms in the area and gone according to that, as a result of this and taking on the responsibility of the house I pay very minimal rent. As far as I am aware that is ok right? My housemate is trying to despite that too
Customer: replied 1 year ago.
I think that's all for now. Thank you
Customer: replied 1 year ago.
Oh my housemate aid that he has 'taken on ' landlords in the past donuts clearly something he does in his spare time

Hello my name is ***** ***** I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

Do you rent the whole property ?

Customer: replied 1 year ago.
I'm the sublandlord. I have an agreement with the landlord and permission to rent rooms

Ok - then for the purposes of the law you are your tenant's Landlord.

Do they have an AST?

Customer: replied 1 year ago.
to both

Ok - then you, as Landlord must have EPC and protect the deposit

If you didn't then the tenant can sue you for the return of the deposit AND x3 the deposit as a penalty.

If you didn't provide an EPC this is also illegal.

You may not have one from your Landlord, but that's not your Tenant's problem.

That was for you to satisfy yourself you had everything to rent out.

So if you are asking you are liable.

I am sorry if this is not the answer you want, nor the one I want to give you, but I have a duty to be honest

Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
I am sublandlord not main landlord so don't understand why he isn't held responsible
Customer: replied 1 year ago.
When I took over the agreement nothing of this kind was mentioned to me. It's ridiculous

Because the tenants have an AST and YOU are THEIR landlord.

So the law says you, the Landlord is responsible.

The main Landlord isn't the Landlord of your tenants.

The same with the deposit - the law say you MUST protect it

Does that clarify?

Customer: replied 1 year ago.
But are they not bound by his contract because I am
Customer: replied 1 year ago.
How much mon y are we talking here? For not having EPC or HMO? This is insane. I took this on out of the kindness of my heart and it's backfired.
Customer: replied 1 year ago.
The tenant who is trying to sue me has brought weed into the house. This is illegal too, no?

You might have a claim against your Landlord. But you still have a claim against you as you are your Tenant's Landlord.

You can be sued for:

1) Not protecting the deposit x3

2) The EPC

The HMO issue is only relevant if you didn't get a licence. The main thing here is the deposit.

You might have a claim against your Tenant for breach, but they have claims against you.

Does that clarify?

Customer: replied 1 year ago.
How much money are we talking here please?

x3 the deposit plus the return of the deposit

Does that clarify?

Customer: replied 1 year ago.
My landlord has sorted the EPC today but not had it since I started subletting in 2012 same with HMO
Customer: replied 1 year ago.
Only the depositx3 what about claiming for not having EPC or HMO?

EPC - That would be nominal.
Technically they could claim ALL the rent back for nothing having a HMO

Does that clarify?

Customer: replied 1 year ago.
Thank you for your help

All the best. If I could invite you to rate me 5 stars before you go today by clicking the button at the top of the screen, so the site credits me for the time spent. I am only paid when you rate. if you need further help please click reply. Thanks in advance.

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