AST to allow Sublet

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    AST to allow Sublet

    Hello,

    My tenant, his girlfriend and his brother have been my tenants for some time now.

    He is asking permission to Sublet.

    I am willing to do so, but need to get an AST which include permission to Sublet.

    How can I do that, or, is there any such document on LandlordZone?.

    Thank you.

    #2
    Why do you want to entertain this notion? If you want problems down the line then carry on.....

    Comment


      #3
      By sublet, do you mean they move out and sublet it to someone else? If so then I wouldn't and why are you considering it when he could just surrender the tenancy.

      If, however you mean sublet one or more of the rooms, (ie take in lodgers), then it will create a House in Multiple Occupation which may need a licence. It may also be prohibited under your mortgage/insurance/lease and it may require changes such as replacing internal doors, installing interlinked smoke alarms etc.

      Comment


        #4
        Don't do it - ever.
        Who is in charge of letting out your property - you are
        Who gets the rent money - you do.
        Why should you allow your tenants to make say, £ 600 a month profit from your business ?
        At present they go out to work, and pay you £ 600 per month rent from their wages.
        They leave, still pay you £ 600 pm, from wages, but get extra £ 600 from sub-tenants.

        don't say yes - but they have to rent somewhere else -- That's not your problem. Why should subtenant make money from your business ?

        Who would the sub-tenants of the current tenants complain to about repairs ? it won't be to you as you are not their landlord, the current tenants are their landlord.

        current tenants will ( as landlords ) be responsible for checking if "prospective sub-tenants have the "Right to reside in the U.K."
        You won't be doing that, as you wont be vetting the incoming sub tenants ( I wont say you will insist, because you should never allow tenants to RUN YOUR BUSINESS. )

        Tenants don't take over the running of your property -- ever.

        Comment


          #5
          Many thanks to you.

          I have been somewhat reluctant.

          They have been good, model, tenants ever since moving in some years now, and are keen to stay.

          AST expired, so they are on Statutory Periodic. A relative moved in but is not on the original AST.

          The reason they request Sublet is because of Rent/Covid/reduced earnings.

          Instead of Sublet, is it better to do HMO, and so, reduce their rent?.

          Thank you.

          Comment


            #6
            Originally posted by Wallin View Post
            Many thanks to you.

            I have been somewhat reluctant.
            If they want to stay, I assume they want to take in a lodger,

            BUT, there are already 3 people there to split the rent.
            READ AGAIN, post number 3.

            If they are happy to remain, and want another person in to help with the rent, then YOU advertise for a another person to share and YOU receive the rent, meaning the current inhabitants have to pay less ( but the original rent stays the same ).
            But that will cause you house to be an H.M.O. ( House in multipul ocupation ) which we would all recommend you don't allow.




            Comment


              #7
              I would be inclined to say that if they want to change the letting agreement you would need to get a solicitor to draw up the new agreement and it will cost £750.00 (or whatever figure a solicitor quotes you for doing it)

              Comment


                #8
                I dont think you appreciate what's involved in operating an HMO or you wouldn't be considering it.

                You can give permission for another family member or a partner of one of the existing occupants, but I would strongly advise against allowing a general permission to sublet.

                Comment


                  #9
                  DPT57,

                  I completely agree.

                  Comment


                    #10
                    Ok.

                    Your comments have been well received. I am inclined to accept your advices.

                    The tenant and his partner is on Statutory Periodic tenancy. If they cannot find a family member/partner I intend to offer them a rent reduction/Covid.

                    I do not know if I can get an AST with provision for initial rent reduction. I suppose I could just write it on both copies?. Because his brother would be added, would I need to do a new Inventory?.

                    Anything else I need to know with my present decision?

                    Thank you.

                    Comment


                      #11
                      I wouldn't offer them a rent reduction - we're coming out of covid restrictions now, and the brother is going to live there too so he can make a contribution, not to the rent (don't take rent off him unless it's given to you on behalf of the actual tenants) but to, say, the food bill or internet costs.

                      I wouldn't change the agreement to add the brother just keep it as it is. A brother doesn't make it a HMO so you're ok.

                      Personally I'd just tell them it's ok for the brother to live there but he won't have any tenancy rights.

                      edit: just make sure the brother has the right to rent - as a landlord you're border control.

                      Comment


                        #12
                        Don't. Don't also offer reduction. Just simply do nothing. ('sfunny how many gurus never consider this option..)
                        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                        Comment


                          #13
                          Thank you.

                          I will have to put my foot down. The AST does not allow Subletting and my insurance doesn't either.

                          He seems to be searching online about Subletting.

                          I don't think he understand anything about renting. He sent me a section which begins, 'Secure and flexible tenants have a legal right...................'.

                          I was thinking of terminating the tenancy, but until last month he has always been up to date, except that payments are almost invariably, late.

                          Few months ago I threatened to use a solicitor because he was refusing access for a mandatory inspection, not general inspection. He relented.

                          I should see him next week.


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