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Beware the Sub Let

Beware the Sub Let

An unfair quirk in the law can leave landlords substantially out of pocket, as highlighted by the recent case of Cheryl Roux, the former wife of Michelin star
chef Albert Roux.

A bogus tenant, introduced by a fake London letting agency, rented Mrs Roux’s £5m Knightsbridge property. That tenant then advertised the property to legitimate tenants on Airbnb and Zoopla, raking in £835 a night, with none of this going to Mrs Roux.

On the surface, there would seem to be a case for eviction due to none payment of rent by the “head tenant” (who is known as the “mesne tenant” (pronounced “meen”) when subletting). However, this criminal mesne tenant does not actually live in the property – the sub-tenant does. As the landlord does not have a contract with this “legitimate” sub-tenant, it is virtually impossible to evict them, and they can lawfully occupy the property. Once a property is let and there is a contract between two parties it is a matter for the civil court not the police if a dispute arises.

If you are a landlord, our advice is to regard letting not just as an investment activity, but as a serious business in its own right. We’ll help you maximising
your yield with caution and detail, minimising the risks associated with anything other than a thoroughly professional approach.

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