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Question

Sub-letting and Assigning Tenancies (England) | Types of Tenancies (England)

AST with agent

16 Nov 2017 | 4 comments

AST is between LL and an agent named as the tennat ,I.e. the agents company name

There is no persnission to sublet but the agent (tennat) has sublet to someone and have an ast to them

Agent (tennat) is more than 2 months arrears

Clearly a s8 is required to acquire possession form the agent but how does One then deal with this subtenant whom has an AST with th agent (tennat)

Answer

4 Comments

  1. guildy

    Firstly, the agreement between owner and agent is not an AST despite the label on the agreement. It’s impossible to be an AST because they don’t occupy the property as their only or principal home (they don’t occupy at all).

    Therefore, a section 8 is not appropriate and it will depend on the terms of the agreement as to how it may be brought to an end.

    To start with, please see this article which covers this situation and that should answer all questions about what type of agreement it is and how to bring it to an end. If you have any questions after reading that article, please come back to us.

    Once the agreement between owner and agent has ended, the occupiers (who are correctly on an AST) will become the tenants of the owner and the usual rules for possession against them will apply (or, if they are satisfactory tenants, they can just continue being the owners tenants).

    • eden2011

      But the intent was to let it to the person himself whom fronted the agnecy, I’m assuming this doenst matter ?

  2. eden2011

    sorry i forgot to mention that the tenancy (contract between owner and renter) has actually come to an end and after reading that article it says that the tenants are the owners, so does this mean that the renter is out of the picture in terms of seeking possession from the tenants?

  3. guildy

    There are a few factors with this. We’ve just tried calling but it rang out. Please give us a call on 01423873399.

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