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hi

i recently rented out my property (assured shorthold tenency agreement) for a term of 6 months.After the term the tenent will have a statutory tenency on the same condition which can end by 2 month's notice.the tenency stated on 12th jan 2008.but today i notice the same property is adverticed for to let (sub let) by the the same estate agent i rented the house without my knowledge.on the tenency agrement the part for sub let is like this

for the first three month's of this agreement not to assign sublet part with or share possession of the property or any part of it nor to take in lodgers so that at all times the property remains in the exclusive occupation of the tenant .After the six months of this agreement the tenent may sublet or assign this tenency but only with the lanlords prior written consent which shall not be unresonably withheld.

I donnt want the tentant to sublet my property.Are they allowed to do sub let based on my contract.If not want action I can take againt the estate agent and tenent.please help

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First, form what you have posted, they have not sub let - they are merely advertising for a tenant. You can remind them of what the agreement says of course but they have not breached any covenant not to sublet merely by way of advertising. It may well be that if they find a tenant they will apply for consent.

Second, below you say they cannot sublet for the first three months but after 6 months they can do so with your consent. What happens in months 3 to 6?

Third, it is not clear from your post whether the advert advises that the property is available immediately or merely after the expiry of the first 3/6 months. Further, are you sure it is advertsiigna sublet? The tenant may want to assign.

Fourth, if you did not want the tenant to sublet at all why put such a clause in the agreement that they can do so with consent (not unreasonably withheld) after the first 3/6 months?

So at present you cannot stop them from merely advertising a sublet. If they go ahead it may be a breach of the contract and depending on the circumstances you may be able to withhold your consent.

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