Permission To Sublet Denied My Freeholder in Lease Help!

steadynerve

Yes thanks for that so its a minumum 2 months notice after the first six months. sorry i though it was ! month. Does anyone have any info on how long an eviction process takes normally?

As people have pointed out it would be unlikley the freeholder being a care home would start an eviction process. So i thik this is very academic. I think in practise the freeholder would look to me to do the right thing and end the tenancy in the normal way with the two months notice.

after all i wasnt trying to do any illegal to start of with . The OFT have ruled the freeholders lease as unfair and i was just acting on assuming that information would be held up in court. I personally think it very unliley the freeholder would even take that case to court. Waht have they for to gain?

In these cases like with the oft ruling and bank charges the banks like the uncertainlty, as this puts people of doing what they would do if the case had been decided for certain. so they nver want to bring the case to the courts for a final decision to be made..

the only sligth fly in the oitment was that when it did go to court the OFT lost in nthe bank charges case!!

PasturesNew

steadynerve wrote: »

If it was found that subletting was illegal then yes that would be mean the tenancy is not legal.

So immediately the tenant would have no rights, including proper notice.

Do you regularly plot to get your own way no matter who gets hurt in the process?

Not sure which post number this is, but I haven't seen anybody telling you you're onto something yet.

steadynerve

insurances interesting?
The buidlings insrance is in place. Do you think this woud be invlaidated? The tenant may want contents insrance but do you think this would be a problem

actually the building insurance is more a problem at the monet. the insurance people are saying theinsurasnce is not valid unless the flat is occupied or completly unfurnished.

we were thinking if we did go down the sale route some kind of minimla furnishing would be helpful.

This illustrates the unfairness of not allowing subletting in a way.

Fire_Fox

steadynerve wrote: »

Yes thanks for that so its a minumum 2 months notice after the first six months. sorry i though it was ! month. Does anyone have any info on how long an eviction process takes normally?

As people have pointed out it would be unlikley the freeholder being a care home would start an eviction process. So i thik this is very academic. I think in practise the freeholder would look to me to do the right thing and end the tenancy in the normal way with the two months notice.

after all i wasnt trying to do any illegal to start of with . The OFT have ruled the freeholders lease as unfair and i was just acting on assuming that information would be held up in court. I personally think it very unliley the freeholder would even take that case to court. Waht have they for to gain?

In these cases like with the oft ruling and bank charges the banks like the uncertainlty, as this puts people of doing what they would do if the case had been decided for certain. so they nver want to bring the case to the courts for a final decision to be made..

the only sligth fly in the oitment was that when it did go to court the OFT lost in nthe bank charges case!!

FACT: the OFT doesn't make the law, your mother's long lease is a legal contract.
FACT: If you search the LEASE website for 'subletting' you will get one hundred and eighty two hits: http://www.lease-advice.org/lvtdecisions/
FACT: I told you three times that the landlord needed to give two months notice.

HellsGranny

Steadynerve,

You just don't get it, do you? If you sublet illegally and your tenant is evicted by bailiffs, you are likely to cause their death from shock, or some other underlying condition aggravated by shock..

It is possible you would then be prosecuted for causing their death, you greedy person. (I sincerely hope so).

I have just looked at your other thread where you contemplate using money inherited by your daughter for your own ends, including charging rent to a schoolgirl!:eek: What an odious piece of ordure you are.

Cheers, HG

BitterAndTwisted

It is my firm belief that the OP will try and think of almost anything to stave off their own set of bailiffs and they are possibly due to turn up quite soon.

That this person has a child or children dependent upon them is too dreadful to contemplate.

Please God, let them be a troll!

pitkin2020

PasturesNew wrote: »

You're just an OAP abuser.

PMSL - Love that line, I creased up reading that lol

OP of course there is a rental market for all ages even the over 60's, but your problem is the freeholder does not and will not allow subletting. Period. It was in the contract from the start no doubt and everyone who signed it would have read that its a NO NO. If you were the freeholder instead of just the lease holder you could possibly change the clause but your not.

Just sell it, your going to be out of pocket by fighting it and will more than likely still come to the same result.

pitkin2020

HellsGranny wrote: »

Steadynerve,

You just don't get it, do you? If you sublet illegally and your tenant is evicted by bailiffs, you are likely to cause their death from shock, or some other underlying condition aggravated by shock..

!!!!!! - What a statement to make. Next your tell us if we go outside we WILL get run over by a bus with only 3 wheels and we WILL die...........

There are a lot of people over 60 who would probably be offended by some of the comments made in this thread, associating them all with geriatric OAP's who sit around all day supping cups of tea waiting for death to come and get them. You maybe one of those "HellsGranny" but not everyone is, there are a lot of 60+ people who are physically and mentally stronger than some half their age.

Fire_Fox

My parents are sixty-something and currently on a several year tour of North and South America in their souped up motorcaravan. In common with most of their peers they would most definitely NOT want to rent in a retirement complex!

My aunt is seventy-something and sharp as a knife, but has some physical health issues. She is currently considering going into sheltered accommodation - if she was duped into an illegal tenancy and subsequently evicted I would make the landlord's life a living hell (legally).

franklee

steadynerve wrote: »

I appreciate this option won't suit everyone but we are just talking about renting to someone fully aware of the situation and yet it still suits there circumstances. we are not talking about hiding the positin from either the tenant or the freeholder.

So you are going to tell the tenant in advance it's an unauthorised let? Really? And you still expect to get a good tenant :rotfl:

pitkin2020 wrote: »

There are a lot of people over 60 who would probably be offended by some of the comments made in this thread, associating them all with geriatric OAP's who sit around all day supping cups of tea waiting for death to come and get them. You maybe one of those "HellsGranny" but not everyone is, there are a lot of 60+ people who are physically and mentally stronger than some half their age.

I'd suggest the more active and able over 60's (and I agree many of them are still in top form) would not want to live in sheltered accommodation. Not least because the maintenance charges are so high (to pay for the wardens etc.) and they would not want that unnecessary expense which presumably would be reflected in a higher rent than non sheltered comparable flats.

The fact is moving house is one of the most stressful things anyone can do. It is quite common for people who move when they are older to die soon after and that's not just the in your words "sit around all day supping cups of tea waiting for death" types. My uncle died of a heart attack a week after moving to his dream seaside bungalow and he was an intelligent and active man to the last.

It is also stressful to have bad neighbours which could easily happen if the OP installs the tenant from hell, likely as there are probably less takers for sheltered accommodation than normal lets, especially as we are to believe the OP is going to warn the tenant upfront about the freeholder's view. Not to mention the other owner occupiers reaction to an unauthorised tenant in their mist as already said.