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Aston Lawyer
Aston Lawyer, Property Solicitor
Category: UK Property Law
Satisfied Customers: 10455
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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I have a 50% share in a house, other 50% is owned by a housing

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I have a 50% share in a house, other 50% is owned by a housing association, they have evidence that I have been subletting the whole of the property which is a breach of my contract. Can they evict me? will I lose my property even though I own 50%? what rights do I have? do I need a solicitor?

The mortgage has been paid up to date and the rent to the housing association is current, I would appreciate some advice.

Andy M :

Hi there


 


Thanks for your enquiry.


 


Are you still subletting or has your "Tenant" left?

Customer:

No my "tenant is still there, but is looking for somewhere else to live

Customer:

hello


 

Andy M :

Hi again

Customer:

hi

Andy M :

Thanks for your reply.


 


Well, the first thing you need to do is to get rid of your tenant as soon as possible!

Customer:

yes, he is looking for somewhere.


what can the housing assoc do, can they just take the property?


 

Andy M :

As it stands, the Housing Association could issue Court proceedings to "forfeit the Lease" which basically means you losing everything. However, I am sure they won't take this action, provided you confirm tht your Tenant will be vacating shortly. Likewise, if they issue proceedings and the Tenant has left the property before the Court date, the H Association will not be successful in their case.


 

Andy M :

Does this assist?

Customer:

do they have to give me notice of a court date?


 

Customer:

will I have to pay a fine or anything because of the breach of contract?

Customer:

hi are you still there?

Andy M :

I am still here

Andy M :

Yes, you have to be served with the formal Court papers.


 


As this is a civil matter, you won't face any fine at all for breaching the terms of the Lease.


 


If I were you, I would, if you can afford it, to give your Tenant a lump sum and ask hm to vacate immediately, just to avoid any potential Court proceedings.


 


Kind Regards


Andy M

Customer:

is there anything else that they could do, providing the tenant leaves asap, like a fine or anything?

Andy M :

No- there isn't anything else they could do- they can't impose a financial penalty on you!


 

Customer:

ok that is very helpful


thank you for your help

Andy M :

No worries!

Andy M :

Good luck.

Andy M :

If I have answered your questions, I would be grateful if you could leave positive feedback


 


Kind Regards


Andy M

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