Question re tenant sub-letting

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Question re tenant sub-letting

    My tenants are coming to the end of their contract. They've been great over the past year, no hassle whatsoever, looked after the place well. We've been talking about renewing the tenancy: One of them wants to stay, while the other wants to move out.

    The one that wants to stay says he can afford to meet the full rent (as opposed to his half share up to now), but has asked if he can find another flat-mate to share with in his own time (rather than me finding another person to move in with him), after signing another tenancy agreement with me i.e. effectively sub-let to someone else, via a formal aor informal arrangement. So, only the existing tenant would be signing an agreement with me.

    Does anyone have any advice as to whether this is this a good or bad idea from my perspective? Might I be opening myself up to some risk with the new tenant (who wouldn't be on the tenancy agreement), who I might even know anything about.

    On the one hand, he's offering to continue paying the same level of rent as before, but on the other I feel a bit uneasy at losing control over who's living in my property.

    Cheers,
    Mark

  • #2
    Why not let it roll over to a periodic tenancy until he finds another flat mate, then commence a new AST with both after referencing the new tenant etc. If he finds he can't pay the rent, you will only have to give 2 months notice for possession and won't be stuck with a tenant in your house with whom you have no contract.
    Mrs Jones
    I am not an expert - my posts are my opinion and should not be taken as fact!!

    Comment


    • #3
      Good advice...and if you're concerned about his ability to afford the rent, ask him if can find a guarantor?
      '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


      • #4
        But if he takes the tenancy alone, any person he gets in will be his lodger, no security of tenure anyway.
        I offer no guarantee that anything I say is correct. wysiwyg

        Comment


        • #5
          Originally posted by jta View Post
          But if he takes the tenancy alone, any person he gets in will be his lodger, no security of tenure anyway.
          It would be more secure from the LL's point of view if both Ts were named as such on a new AST, since he has more chance of getting the rent out of two of them than out of just one (if the resident LL tenant kicked out his lodger, for instance).

          ?no?
          '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


          • #6
            Originally posted by jta View Post
            But if he takes the tenancy alone, any person he gets in will be his lodger, no security of tenure anyway.
            Not necessarily, the new occupier could be a tenant, although not an AST with a resident landlord. It wouldn't be hard for the tenant to do something silly (from Mark's point of view) like granting a fixed term contractual tenancy, perhaps even advertently by picking up a standard form of contract from a stationers or whatever. So, I very much agree with the advice given earlier. Avoid a subletting situation if at all possible.

            Comment


            • #7
              Originally posted by markwmoss View Post
              The one that wants to stay says he can afford to meet the full rent (as opposed to his half share up to now), but has asked if he can find another flat-mate to share with in his own time (rather than me finding another person to move in with him), after signing another tenancy agreement with me i.e. effectively sub-let to someone else, via a formal aor informal arrangement. So, only the existing tenant would be signing an agreement with me.
              Why would you want to do this, rather than creating a new tenancy with your existing tenant and the newbie named as co-tenants? I'd go with Mrs Jones' advice.

              There might be a problem if AN Other fails your vetting procedure, but if that happens would you really want that person anyway (eg what happens if tenant 1 quits and leaves him behind)?

              Comment


              • #8
                Originally posted by Mrs Jones View Post
                Why not let it roll over to a periodic tenancy until he finds another flat mate, then commence a new AST with both after referencing the new tenant etc. If he finds he can't pay the rent, you will only have to give 2 months notice for possession and won't be stuck with a tenant in your house with whom you have no contract.
                With regards to a periodic tenancy, do I actually need to sign anything new with the current tenant?

                Or is the case that once ASTs expire, the tenancy automatically reverts to a periodic one without anything being signed? Sounds like this is the case?

                Comment


                • #9
                  Originally posted by markwmoss View Post
                  With regards to a periodic tenancy, do I actually need to sign anything new with the current tenant?

                  Or is the case that once ASTs expire, the tenancy automatically reverts to a periodic one without anything being signed? Sounds like this is the case?
                  Exactly that, yes, which is why Mrs J's advice makes perfect sense I'd have thought. No need for any signatures.

                  Comment


                  • #10
                    Originally posted by Ericthelobster View Post
                    Exactly that, yes, which is why Mrs J's advice makes perfect sense I'd have thought. No need for any signatures.
                    I agree. See s.5 of Housing Act 1988 re continuation tenancy's provisions and effect.
                    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).

                    Comment

                    Latest Activity

                    Collapse

                    Working...
                    X