Subleasing question help would be much appreciated.

[hazedunks]

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

[MrJohnnyB]

Is agent a private individual or commercial entity ie limited organisation?

[hazedunks]

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

[theartfullodger]

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..)

[hazedunks]

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

[MrJohnnyB]

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.

[Snorkerz]

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.

[theartfullodger]

.......

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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

[jta]

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.

[leaseholdanswers]

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.