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I am sorry to read of the above. Putting the Vietnamese occupants to one side for a moment, how did you go about ending the tenancy with your tenant who unlawfully sublet the property? Did you obtain a court order or did your tenant surrender the tenancy?
thank you. So to be clear, you simply enter the property without having either accepted a surrender or at the keys returned from the tenancy did rent the property to a without obtaining a court order. Is that correct?
thank you. Finally, may I confirm if you're tenant, as opposed to the unlawful subtenants, was an individual or a company tenant?
may I confirm if your tenant, as opposed to the unlawful subtenants, was an individual or a company tenant?
thank you. I am bound to point out the danger of taking back the property which you rented without either accepting an express surrender from the tenants or obtaining a court order. Technically, this is an unlawful interference with their tenancy and is a breach of the protection against eviction act. Regrettably, this is the case regardless of how egregious the actions of the tenant were and exposes you to a potential claim by the tenant's for civil damages. I do not suggest that the tenants will bring such a claim but I am bound to highlight the risk that they may do so.
in terms of being able to remove the cars, you can do this relatively easily by serving a tort notice. This is a notice giving the owner or owners of the property in question reasonable notice to remove the possessions failing which they will be sold or disposed of. I'm attaching an example of how to serve a tort notice.
in terms of whether you can keep the money, you have no contract with the subtenants and as such, have no means to charge them rent and do not wish to do so as this would create a direct tenancy as between their menu. If you can demonstrate that they have damaged your property, then you could sustain a claim in tort against them and use the proceeds from possessions they have left to offset any judgement obtained against them
sadly not because the housing act 1988 requires notice to be served and the protection against eviction act prohibits the ending of the tenancy without a court order other than where it is surrendered by the tenant. Statutory law trumps any contractual provision I regret
in a sense, it is really too late in this respect to retrospectively seek a court order. Most of the damage by this time has already been done. however, you may wish to consider carefully whether to bring proceedings against your tenant for damage caused to the property which ordinarily would be able to bring because this may prompt the tenant into looking at what they can do in the circumstances which of course could include a counterclaim for civil damages
I'm glad the above answers all your questions for now. If you have any follow up questions please revert to me.