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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I have recently found out that a lease had signed is not valid

Resolved Question:

I have recently found out that a lease had signed is not valid as it was a sub-let and therefore my agreement is null and void. To make matters worse the people I had been letting from have not paid the landlord. I'm trying to decide on the best course of action and was wondering what my options may be?
Submitted: 2 years ago.
Category: UK Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question/n .

For clarity and the avoidance of doubt, could you please respond to the following USING THE SAME NUMBERING:-
1. Have you spoken with the landlord and are they prepared to deal with you as to continuing occupation?
Kind regards.

Tom
Customer: replied 2 years ago.
Hi Tom,

They seem willing, however the likelihood is that the terms under which I took on the lease may change. I have a break clause at present which allows me out in 9 months time which I had planned to take, the landlord I believe is likely to want to extend this.


I'm also concerned that I shall lose my deposit either way.


Thanks,


Kat
Expert:  Thomas replied 2 years ago.
Thanks Kat, is this a commerical lease or a residential tenancY?

Tom
Customer: replied 2 years ago.
It's a commercial lease. Only signed on the 1st May 2012
Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your question.

If the tenants have not paid their rent and sublet to you in breach of their lease to the landlord then the landlord will almost certainly take forfeiture proceedings by re-entering the property and changing the locks.

This would mean that the tenants lease with the landlord is terminated and at this point neither they nor you would have a right to occupy the propery.

You have to keep on good terms with the landlord and state that you do not object to this and offer to enter a new lease with the landlord. If he accepts you as a reputable tenant then he may well agree with this because it limits their exposure to loss of rent.

You would then have a contractual claim against the tenant for a breacdh of your lease because they will have said in the lease that you would get possession of the property for a fixed length of time, which they are obviosuly unable to give once termination by the landlord has occured. you would be able to sue the tenants for the return of your deposit and any other damages that you incur (including your legal fee).

You need to coordinate your position with the landlord and take whatever action you both decide to take together because you do not want the tenant to abscond because it may be difficul tto recover your deposit if you cannot trave them and/or do not know where they are.

Sorry it could not be better news.

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Kind regards,


Tom
Customer: replied 2 years ago.
Hi Tom,

Thanks for the information. I am currently talking to the landlord and discussing with them the options and potential new terms. I will be paying them directly the rent until they have provided me with new terms to consider. My questions is whether I would have to agree to the new terms. My concern is that they will offer me a different agreement to the one I had thought I was undertaking and if this is more money, different term etc would I have the right to negotiate or leave? I'm more than happy to pay them for the rent for this month which I am holding for them whilst they draw up a new agreement.


On what grounds would I be able to pursue the tennants? Is this purely something I could do off my own back, or is this something I should alert the police to? My reason for asking is the person who I have a lease with is facing 10 counts of mortgage fraud and due in court in about 6 weeks.


Many thanks,


Kat
Expert:  Thomas replied 2 years ago.
Hi,

It's a civil matter, the police (rightly) would not be interested).

I would pay the rent at the moment to the landlord to curry good favour but would urge him to take forfeiture proceedings once you have agreed terms in principle on a new lease.

Technically, you do not have a right to occupy the property because your lease is not valid. You have to negotiate with the landlord because he does not have to agree to give you a lease at all, let alone one which is on the same terms as the invalid one you have with the tenants I'm afraid.

If they are facing criminal charges for mortgage fraud then you will have to get in line with the other creditors to recover your deposit if they will not return it to you. So far as the deposit is concerned, it doesn't sound good I'm afraid.

Please remember to rate my answer.

Did you instruct a solicitor in respect of the grant of a lease from the tenants?

Kind regards,


Tom
Customer: replied 2 years ago.
Hi Tom,

Thanks for the info. I did get a solicitor to look over the lease, but not to delve further as such. It was written by another local solicitor so there didn't seem to be a reason to question its validity further.


I'll contact the agent working on behalf of the landlord again and see whether we can resolve the issues and ask them for their planned course of action.


Many thanks,


Kat
Expert:  Thomas replied 2 years ago.
Hi,

If you instructed the solicitor to deal with th ewhole of the lease then they would have checked that the consent of the landlord to the sub-lease was obtained. If they did not then you would have a claim in negligence against them.

Please remember to rate my answer.

Kind regards,

Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6430
Experience: BA (Hons), PgDip, Practising Solicitor
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