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Oct, 2014

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  1. #1

    Default Subleasing question help would be much appreciated.

    I have a quick subleasing question if I sublease my house to an agent and he further subleases it to a tenant if i serve a section 21 notice to the agent does it also apply to the agents tenant? or do they have to be served a seperate section 21 notice.

    Thanks

  2. #2
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    Is agent a private individual or commercial entity ie limited organisation?
    The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the salient facts BSc (Hons)

  3. #3

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    private individual but what would the proceedings be if it is an organisation.

  4. #4
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    Regardless of individual or commercial surely as "agent" is not resident (and never was..) it ain't an AST & so S21 don't apply. Would read the terms of tenancy agreed between hazedunks and his tenant (agent) to see what it says about ending the agreement . If agreement written by agent £5 says it says nothing or very little to favour hazedunks (call me cynical..)

    It may say it is an AST but I doubt that it is (perhaps a contractual tenancy with similar terms - eg rent amount, start/end date etc..)
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

  5. #5

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    In this case it is an AST so what would the proceedings be?

  6. #6
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    Quote Originally Posted by hazedunks View Post
    In this case it is an AST so what would the proceedings be?
    Just because a contract says "AST" on it, doesn't mean it actually is. In this instance, it wouldn't be. Unless court found your agreement with agent were a sham to reduce tenants statutory rights.
    The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the salient facts BSc (Hons)

  7. #7
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    Only the person residing in the property can have an AST. The deal betwwn the owner and original tenant would no longer be an AST (no matter what it says on the paperwork). The contract between the original tenant and his agent can not be an AST, only the contract between the agent and the occupier would be an AST.

    If it said 'beans' on a tin of peaches, it would still be a tin of peaches.

    I do suspect you are slightly overcomplicating things though.

    Usually a landlord gets an agent to find him a tenant. The contract is beween the tenant and the landlord - the agent is not involved in that chain and never has an 'interest' in the property. The landlord does not have to evict the agent, just the tenant.

  8. #8
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    Quote Originally Posted by Snorkerz View Post
    .......

    ..

    Usually a landlord gets an agent to find him a tenant. The contract is beween the tenant and the landlord - the agent is not involved in that chain and never has an 'interest' in the property. The landlord does not have to evict the agent, just the tenant.
    Not sure, suspect not..

    There's a few dodgy agents doing similar deals.. often offering "guaranteed rent" (aye, right...) and "full management".. then ripping both actual occupier & owner off every which-way
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

  9. #9
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    Since it is not an AST you treat it as a contractual tenancy. That means that you can use whatever means are stated in the contract to regain possession of your property.

    If, as I suspect, the terms do not favour you then you may wish to use a solicitor, but make sure the chosen solicitor does know housing law.
    I offer no guarantee that anything I say is correct. wysiwyg

  10. #10
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    Quote Originally Posted by hazedunks View Post
    I have a quick subleasing question if I sublease my house to an agent and he further subleases it to a tenant if i serve a section 21 notice to the agent does it also apply to the agents tenant? or do they have to be served a separate section 21 notice.

    Thanks
    To summarise my learned colleagues comments and that you have said IF so it is safe to assume that you are accurate and it has not happened;

    A letting to an agent as a company is a business transaction, they are not an individual, and cannot be an AST. They in turn can, if the former tenancy or lease allows them to, sublet the whole or part on an AST. *

    Termination or a break clause ought to be contemporaneous to any let that they do, so consent to let, or deemed consent in certain parameters eg no longer than one year is essential.

    If they breach any of the the other terms and you seek possession then as part of that process ( not a S21) you would have to seek a separate order of the court to award possession against the subtenant.

    That assumes that you are unwilling to ask the court to transfer the tenancy to you ( assuming you don't require the sub tenancy to have clause that in the event of termination of the lease, you "take the place of the agent/landlord").

    As this is cannot be, or if the agent takes it in their name, should not be, a boilerplate AST. You should take legal advice before entering into an agreement. If you have a mortgage they too will be very interested too.

    That said I have seen ASTs to a company on the basis that it is simply a vehicle for occupation by a equity holder or employee. The risk is that the court will not grant possession or recognise the AST regime.
    Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers. More ramblings atleaseholdpropertymanager.blogspot.com

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