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Thomas Judge
Thomas Judge, solicitor Advocate
Category: UK Property Law
Satisfied Customers: 32986
Experience:  award winning lawyer with over 15 years experience
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I have an AST with the owner. I created another AST to

Customer Question

JA: Hello. What seems to be the problem?
Customer: i have an AST with the owner. I created another AST to somebody else (who use to work for me but no more and at the moment having difficulties in collecting rent arrears since april). can i serve notices to the tenants even though i am not the owner
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: london
JA: Have you talked to a lawyer yet?
Customer: yes but the views are different
JA: What advice did they give you?
Customer: my section 8 and 21 will be thrown out because i am nor the landlord/owner
JA: Anything else you think the lawyer should know?
Customer: well the owner my neighbour knows that i am not living at the property as aware that my previous staff was living there
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Property Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Thomas Judge replied 1 year ago.

How much is owed?

Customer: replied 1 year ago.
what's owed is 3 months rent
the question is related to below
I have an AST with the legal owner of the property (me as tenant and legal owner as landlord)I also have another AST with Mr Istvan Varju (me the landlord and Mr Istvan Varju the tenant)The answer would be yes I have sublet the property with another AST.My question was although my AST does not allow me to sublet. The owner does not to vary his AST with me. As far he is concerned we have an AST in place and I am managing the property for a fee of £50 per month (I have signed a letter to accept this fee). So the rental monthly is £900 but I pay hime monthly £850. On the AST the monthly rent is £900.We are neighbours and neither I or the owner lives at the property. Verbally we discussed that my previous employee Mr Istvan Varju (as he no longer works for me) he could live at the property (all relevant IDs were provided to the owner as to who is/has been living at the property). Obviously the owner has been aware that Mr Istvan Varju has been living at the property.Problem is that the owner does not want any involvement in eviction and want to remain transparent in all of this and not wanting to vary his AST with me at all.Another problem is WHY? the chances of court proceedings against Mr Istvan Varju would be thrown out at court (on Section 8 or/and Section 21. That because I am not the landlord/owner of the property.I would not want to term myself as unlawfully subletting as such. But yes on the AST I have with the owner, sublet is not allow or permission was required.
Expert:  Thomas Judge replied 1 year ago.

I see. In reality the best way to end such a sub tenancy is for the landlord to cancel the original lease and for the sub tenant to be evicted this way - has this been considered?

Customer: replied 1 year ago.
in way what you are saying is i do not have chances to evict the subtenant myselfi have given notice to the owner and shall return my keys the very latest 15th august 2016. in other words i am saying to the owner i cannot afford anymore rent payable. in your answer do you mean the landlord as being myself? otherwise what i am trying to do is finish my agreement with the owner.obviously he will want the property to be vacant and in the event IF the subtenant does not vacate the property by 15th -what happens next? he surely would ask if the property is vacant and my answer would be in this instance no.
whose responsibility then to evict the subtenant?the subtenant is planning to move out in the first week of august. let's pray that happens!in regards ***** ***** my losses -i guess my chances are non existenti really appreciate your help on this as i desperately in need
Expert:  Thomas Judge replied 1 year ago.

As to your losses you can sue your tenant for the money that he owes you through the small claims court. If you have ended your tenancy with your landlord then this will also bring to an end your tenancy with the sub tenant.

Expert:  Thomas Judge replied 1 year ago.

Even if he moves out you can still bring a claim for the money that he owes to you. Please remember to rate positive.

Expert:  Thomas Judge replied 1 year ago.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you