Subletting without permission - what's the penalty?

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Richard F
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A few weeks ago one of my tenants told me that someone had moved into the flat above her, (whole house is mine in 7 self contained flats). When she chatted with them she discovered that they were friends of my current tenant, and they would be living there while she was in France for a few months.

I asked my agent if there was a clause preventing subletting in our AST, and he said there is. I asked him what the penalty was for breach, and he said, "It's breach of contract", so I asked him what the penalty was for this breach, and he said, " its never happened before".

So he doesn't know... and nor do I.

If it all went wrong, and the "friends", (who may not be paying my tenant any rent, thus probably not subletting), or subletters, either cause problems and I want them out, or if the actual tenant were to stop paying rent, and I want possession, what are my options to get the friends/subletters out?

Hard to see how it could be Sec 21 or Sec 8 as I have no contract/tenancy with them, but whatever it is I need to know, and perhaps I'll educate my agent on it.

Many Thanks

Richard
30/07/2015 15:57

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