Help Legal advice needed

mondbond007

Please can anyone help us? I have a few questions.

Is it illegal for someone to sud-let and if things go wrong through the sub-let will the first tenent be liable? I thought it was the landlords responsability!
Sorry if it doesnt make sense im abit confused.
this is land not property if that makes any difference.
thanks mondbond

lynzpower

Could you give more information as to what you mean?

What has been sublet?

My understanding of subletting of residential premises is that usually subletting is not allowed via standard tenancies, and the property would be the responsbility of the person whom the contract is with - eg landlord & tenant. if that tenant sublets then the tenant who holds the contract is ultimately responsible

What does the lease say about subletting?

Bossyboots

I assume as this is on the business board, you are talking about commercial letting.

All I can tell you is that I know someone being sued right now, firstly for subletting in breach of the lease and secondly for the costs of putting right the damage done by the sub lessees. There is a lot of paperwork and its not something I am particularly familiar with but the theory seems to be that the tenants shouldn't have been there and more work was needed than simple wear and tear improvements after they left. Therefore the landlords are looking to the original lessees to make good the costs incurred as a direct result of the breach of contract.

mondbond007

Ill have to look at the lease to see what it says about subletting. Im finding information out for my husband so some factors im not sure on.
we opened a track up and ended it a few months back but through us some people wanted to store some stuff there. There, as far as im aware, no paper work for them to rent the field and was done via us but the landlord was taking payment from them if that makes sense.
Also, I believe that the landlord is renting this off the council yet was renting it to us, can he do this?

Bossyboots

mondbond007 wrote:

Ill have to look at the lease to see what it says about subletting. Im finding information out for my husband so some factors im not sure on.
we opened a track up and ended it a few months back but through us some people wanted to store some stuff there. There, as far as im aware, no paper work for them to rent the field and was done via us but the landlord was taking payment from them if that makes sense.
Also, I believe that the landlord is renting this off the council yet was renting it to us, can he do this?

It would be fairly standard for someone leasing land to be able to sublet it but there would be restrictions on use. There would be an implied lease if the landlord was taking money but without seeing the lease documents, the exact rights and wrongs would be impossible to establish.

mondbond007

ok thanks.
Who would be the best people to see, hopefully for free!?

Bossyboots

mondbond007 wrote:

ok thanks.
Who would be the best people to see, hopefully for free!?

Thats a tricky one, because this area of law is rarely covered by free advice or a reduced first appointment. Based on what you have said, it sounds like you would need to see a solicitor specialising in commercial property law.