This question is based on this consumer affairs problem on the Guardian site, but the details are not explicit so I shall present a hypothetical:
- Alice owns a house
- Bob lets the house from Alice, with a clause in the contract that specifically excludes the subletting of the property
- Charlie sublets the house from Bob via AirBnB in breach of this contract
- During Charlie's stay at the house, Alice approaches Charlie, informs them of the lack of permission to sublet and:
- Demands additional payment to remain in the house
- Demands Charlie leave the property before the end of their planned stay
- Threatens to call the police if one or other of the above demands are not met
What is Charlie's legal situation here? Is there any requirement for them to pay Alice anything? Do they have the right to remain in the property? Have they done anything the police may consider a crime? Could they have a case against Alice for threatening behaviour?
I would have assumed that Bob has breached a contractual term with Alice, generating a potential civil case against him. I cannot see that this would affect Charlie at all, but I do not know.