SUBLETTING-ADVICE

Scholarly · Joined: 01 Jun 2007 Posts: 1

Alright,

Just want to get some advice about the definition of subletting. Situation is as follows, its my name on the tenancy agreement. I dont pay the property and have to pay rent to an agent each month. However, the house has a few bedrooms which i have found other tenants for to help me pay the total rent. Is this regarded as subletting? Is their any specific title in relation to my position in the house and renting these rooms out? Also what implications be it law or others come into force when subletting? Your help is appreciated. Thanks

Pennant The Tenant · Joined: 25 Mar 2006 Posts: 425

Bluey · Community Moderator Joined: 21 Mar 2006 Posts: 5613

Have a look at the Shelter website and check what your tenancy agreement says about sub-letting to see if you breach it.

Most tenancy agreements forbid the tenants from becoming chief tenants and sub-letting rooms without the permission or knowledge of the letting agent or landlord.

Some LA/LLs might just turn a blind eye as long as the rent is paid on time. Other Landlord/Letting agents will resent the lack of control that this entails and feel that you are pimping off their investment, regard this as grounds for eviction due to a breach of AST and serve you notice to quite.

Problems can come from issues around the deposit, when you want to evict other tenants and so on. Those who aren't on the tenancy agreement may have less rights, be nothing more than guests. Also, you can encounter problems if your tenants refuse to leave when you ask and challenge your right to do this.

I am not legally qaulified - you should verify your status with legal/professional advice or ask a more specialist forum, such as those at www.landlordzone.co.uk/forums for advice.

poca25 · Joined: 24 Jan 2007 Posts: 12

I'd say you have lodgers not sub-tenants. Lodgers make it much better for you because they have no rights.

I have a lease on a house with effectively runs like share house except I have the lease, I pay the whole rent and the others pay (effectively their share) into my account. I just did loads of research on it and if you share facilities and you are resident and you hold the lease then they are most likely lodgers/excluded occupiers (same diff I think - no rights).

Obviously my landlord knows I share the house and they are happy as it means they only have to deal with me..it also means I don't get stuck living with a total nightmare ... (I'm just kicking one out)

If you want to protect yourself and get something in writing - get a "licence to occupy" from the web for them to sign.

Like the previous poster said - Shelter and Landlord Zone are really helpful.. as in the Citizens Advice centre..

Bluey · Community Moderator Joined: 21 Mar 2006 Posts: 5613

I am not qualified to give advice.

The Shelter website indicates that this is a complex area of law.

Their site indicates that a tenant of the owner (the head landlord) that pays rent to another tenant (mesne landlord) is a actually a sub-tenant and not a lodger and that they may have stronger rights than lodgers.

http://england.shelter.org.uk/advice/advice-2939.cfm
http://england.shelter.org.uk/advice/advice-3133.cfm

poca25 · Joined: 24 Jan 2007 Posts: 12

I understood the main issue as to whether a person is a sub-tenant or lodger is more to do with whether they have exclusive use of one area (say a bedroom) that the landlord is required to have permission to enter...

As I said before - CAB will be able to personally advise the original poster.

Bluey · Community Moderator Joined: 21 Mar 2006 Posts: 5613

Yeah, I didn't find the information provided particularly clear on the actual difference between subtenant and lodger. Usually the Shelter website is more informative.

SarahGrey · Joined: 22 Jun 2009 Posts: 1

Anything you accept from people you are charging to live with you counts as income - and you should pay income tax on this in the eyes of the tax man. You could be rumbled.

You should ask the landlord before you do anything, because the reason you have a tenancy agreement is to make sure that everyone is conforming to laws on tenancy rights and landlord obligations. Yes, you taking lodgers is taking sub-tenants, and yes this is probably in breach of your lease.

If you had an unregistered flatmate, they could eventually get permanent tenancy rights, while you could be evicted - not a desirable result for anyone (else), I would say. If you're a good tenant, the landlord will probably agree to your taking flatmates, but there would be some paperwork.