Tenant not paying rent because I don’t have consent to let

Reply to the comment left by H B at 26/12/2018 - 10:43
Protocol for Applications for Consent to Assign or Sublet (the Alienation Protocol)
1. Preliminary
1.1 This Protocol applies where a tenant wishes to assign or sublet part or all of its premises, but its lease prohibits such transactions without the landlord’s
consent.
1.2 References in this Protocol to “the third party” are shorthand for the proposed assignee or sub-tenant, as the case may be.
1.3 The drafting below assumes that the proposed transaction is in accordance with any specific terms going beyond a standard qualified prohibition on
assignment or subletting without landlord’s consent. Before any application is made, however, the tenant should satisfy itself that this is the case.
2. The Application
2.1 The application for consent to assign or sublet should be in writing.

I don't have the industry knowledge but my understanding after reading various landlord and tenants acts a protocol has been breached where my landlord failed to obtain consent to let from the lease provider (his landlord). Both the Freehold is registered with land registry as is the lease and Cleary has an alienation clause.

Reply to the comment left by Jay at 29/12/2018 - 08:03
Very interesting but are you going to answer my previous questions i.e. what are you trying to achieve and if you believe that you do not have a valid tenancy on what basis are you occupying the property?

Reply to the comment left by Jay at 29/12/2018 - 08:03
Whether or not your LL got permission from his LL, your tenancy agreement is valid and enforceable.

The issue is between your LL and his LL.

Reply to the comment left by Seething Landlord at 29/12/2018 - 09:31I wanted a way to sue him from every corner because after providing 18 months rent in advance and agreeing a 12 month break clause both lettings agents and landlord refused to activate the break clause, refund the extra 6 month rent, wanted to penalise me by charging 17% for early termination, threatened i lose my deposit etc etc.
Lastly, I'm now refusing to leave due to the inherited moth infestation that damaged our clothes because he doesn't want to pay for damages or the dry cleaning bill.

Reply to the comment left by Michael Barnes at 29/12/2018 - 13:44
So in theory if I have an AST from any Tom, Dick, and Abdul I could then draw up my own agreement and rent the apartment to anyone prior to seeking consent from my Landlord and his lease provider.

Reply to the comment left by Jay at 29/12/2018 - 17:42
Thanks for that information, I now understand why you are upset but as others have said I do not believe that your landlord having let the property without the consent of his landlord gives you any cause of action against him.
If the 18 month period has now ended and you are still living in the apartment you will be liable for rent until such time as you leave and any counterclaim that you might have against the landlord for damage to your property will be a separate issue and could form a counterclaim against him if he sues you for unpaid rent. You would however have to prove his culpability for your losses and if you are also considering action in relation to his refusal to break the tenancy you will need to give detailed consideration to the law around this, the standard of evidence required and the issues in connection with the quantum of damages, duty to mitigate etc.
Remoteness of damage might also be raised and you would have to be prepared to counter that argument before the judge. It could all get quite complicated.

Reply to the comment left by Seething Landlord at 29/12/2018 - 18:51
Can I ask you seperate question on another matter. First 6 months of our tenancy the landlord allowed his partner to use this as her registered address and make all decisions regarding repair until I put a formal complaint in. We had bailiffs knocking on our door, she was a constant nightmare refusing to do anything that cost her a penny. My question - do I have grounds to request compensation for sharing the registered address and not having quiet enjoyment?

Reply to the comment left by Romain Garcin at 13/05/2015 - 10:52
...and the tenant then takes the landlord to court for unlawful eviction, the lender won't care less!

Reply to the comment left by Jay at 29/12/2018 - 21:46
I think you need to start a new threat with this question and let this one run as intended to address the question initially presented.

Reply to the comment left by Jay at 29/12/2018 - 21:46
I very much doubt that this sequence of events would give rise to a claim against the landlord.