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Owner of my flat
maleja19
Posts: 1 Newbie
I have renta flat for the last two years from a letting agency and with completely knowledgeand consent from the agency I have been subletting the rooms to differentpeople. The flat has been sold to a new person about three or four months ago. Thenew owner went to the flat about three months ago without any notice toquestion our tenants about how much they are paying for the rooms so he did themath and he figured out that he would get more money if he rent the roomsdirectly to the people, our tenants inform us that he was there so we talked tothe letting agency so they would talk to him and inform him that he is notaloud to do this kind of thing (our state agent told him and explain him thathe has to give us a the notice before going to the flat) so he gave us the twomonths of notice to leave the flat which is fine by me. The end of the tenancyis for the 02 of may and he show up last night to the flat around 9pm (I don’t livein the flat), my tenants call me asking me that a man was outside telling themthat he is the new owner showing them documents and telling them that we havethe contract with the house until may and offering them to sign a new contractwith him. I know what he is doing is completely wrong and I just want somethinglegal that I can show him so he is aware that what he is doing is not legal andI am not going to leave all my tenants to him because it cost me money and timeto maintain the house and find those people for the rooms. Please could youguide me in what to do next as I am worried about that he is not going to giveme my deposit back.
Our estateagent told me that what he is doing is wrong and that I can take him to courtfor this and he actually recommended me to not pay the next rent and stay inthe house for another three months (what would be the consequences for not payingthe rent?) because for this situation our tenants are now aware that they haveto leave in may and I was going to give them one months of notice at the beginningof April (as this is the notice that we established when I sign the agreementwith them) but because the owner of the house was there and told them that ourintention was just make them homeless because we didn’t told them before sothey may leave the house soon as the next payment of the rent is the next weekand as they are now aware of the situation I may loose money if they don’t payme or leave before may.
Pleaseadvice
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Comments
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What kind of tenancy do you have? AST? Start date? end date? Or Periodic (monthly)?
Do you have written permission to sublet (or does your tenancy agreement permit it?
Whatever the answers, the LL cannot 'harass' you or the sub-tenants ( Protection from Eviction Act 1977 ) so make sure they know that - they do not have to let him in or speak to him if they do not want to.
However, if they want to speak to him and discuss a new contract for after you leave, that is their choice and nothing to do with you.
The fact that you spent time/money 'to find the (sub) tenants' is irrelevant. That is one of the costs of running a property business (you are a landlord running a business!). You do not own your tenants and what they decide to do after you are no longer their landlord is not your business.
If you do not pay the rent, you will be in rent arrears and your LL can take you to court. Not a good move!
You cannot give your sub-tenants one months notice in April to leave in May. They are tenants, with tenants rights, and you are their (non-resident) landlord. So :
*what tenancy agreement do they have? Fixed Term? Start date? End Date? Or (monthly) Periodic.
* whatevr the answer - you have o give them at least two months notice (whatever their TA says or you agreed at the start), and depending on the type of TA it may be longer.
If your tenants don't pay you, or leave early - you will have to decide how to deal with this - you are a landlord running a business - these things happen!0 -
Unless it is specifically stated in your tenancy agreement that you can sublet, you can't no matter what the letting agency tell you.
If you are subletting he can just kick you out.0 -
Notmyrealname wrote: »Unless it is specifically stated in your tenancy agreement that you can sublet, you can't no matter what the letting agency tell you.
If you are subletting he can just kick you out.
Other way round
Unless it is specifically stated in your tenancy agreement that you can't sublet, you can.
But usually they do specifically prhibit subleting.0 -
I can't even read this, no proper punctuation or spacing.0
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princeofpounds wrote: »I can't even read this, no proper punctuation or spacing.
surely you mean:
Icantevenreadthisnoproperpunctuationorspacing0 -
OP, is the flat licensed as a HMO?0
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IsntitwonderfulwhenpeoplepostlikethisandtheycantevenwriteproperlyEstate Agent, Web Designer & All Round Geek!0
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I suspect the OP's first language isn't English.I don’t live in the flat
You have to admire :eek: some people's ingenuity in making money. If I had just bought the property, I'd be cutting out the "middleman" too, just as soon as I could, legally.I am a mortgage broker. You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice. Please do not send PMs asking for one-to-one-advice, or representation.0 -
That's no excuse for the custom font size or the lack of spaces.kingstreet wrote: »I suspect the OP's first language isn't English.0 -
Isntitwonderfulwhenpeoplepostlikethisandtheycantevenwriteproperly
With respect Steve and the others here who have made similar comments, English does not appear to be OP's first language. We welcome everyone here, regardless of their origin and try to help where we can. The sarcasm towards someone's grasp of english or typing ability is totally unwarranted towards a newbie poster!
Whilst it is always possible OP is a troll, until they provide some more info, we have to take them on face value and assume its a genuine post.0
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