subletting or not?

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    subletting or not?

    Hi, apologies if this has already been addressed in another topic, I couldn't find it specifically anywhere else.
    I'm renting a room in a 6 bed student house, am planning to be away for several months of the year lease and would like to know if there are any legal options for letting it to a friend. We are renting from a private landlord through an agency and signed the agreement seperately.
    Thanks a lot

    #2
    Your lease determines if subletting is allowed or not - it is not a simple legal matter or of inherent rights.

    Also, if you knew you were going to spend so much time away, why would you sign up for a tenancy at all?

    Rented accommodation isn't designed to work like a hotel or a temporary crash pad for you. If they were, the rents would be much higher - like hotels and B&B's

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      #3
      Originally posted by pitseleh View Post
      Hi, apologies if this has already been addressed in another topic, I couldn't find it specifically anywhere else.
      I'm renting a room in a 6 bed student house, am planning to be away for several months of the year lease and would like to know if there are any legal options for letting it to a friend. We are renting from a private landlord through an agency and signed the agreement seperately.
      Thanks a lot
      Although most student tenancy agreements forbid subletting, it does go on informally in many student properties as some courses require students to be 'away from base' for periods of time and it helps ensure the rent keeps coming in. For this reason some landlords may 'turn a blind eye' to it. After all, it's probably in their interest to do so. However, the problem can be that the person to whom you are subletting may not get on with the other tenants, or that they are not being referenced in the same way that you presumably were, when you signed up for the tenancy.

      If you want to keep it all above board, I suppose your only option is to explain to your landlord (I would approach him directly by letter or email) what you propose and see what his repsonse is.

      If your sublettee(!) has a UK guaantor and a previous accommodation reference, that might help...In a way, the situation is not unlike when a student has to drop out of a shared tenancy and is bound to find a suitable replacement for him or herself. Would you be coming back and resuming your tenancy at any point, or once you've gone, would your friend stay until the end of the AST?
      'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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        #4
        Further to the above, I've just found a bit of advice in a letting agency thread...says it is better (legally) if any new 'replacements' for individuals in a shared AST AND the 'continuing' tenants are made to sign a NEW AST.

        Theoretically if you wanted to claim your room back again, you could do this twice - but it's a bit of a palaver and it means that when you return from your placement, you cannot legally INSIST on your room back - you will be at your friend's mercy!

        Good luck!
        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

        Comment


          #5
          Originally posted by mind the gap View Post
          Further to the above, I've just found a bit of advice in a letting agency thread...says it is better (legally) if any new 'replacements' for individuals in a shared AST AND the 'continuing' tenants are made to sign a NEW AST.

          Theoretically if you wanted to claim your room back again, you could do this twice - but it's a bit of a palaver and it means that when you return from your placement, you cannot legally INSIST on your room back - you will be at your friend's mercy!

          Good luck!
          I agree. Pitseleh: you need to decide if you do ever want to return (eventually) to this property.
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

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