Confused - subletting

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    Confused - subletting

    It is in my lease that I am allowed to sublet from my flat and my landlord knows that I do.

    My previous flatmate has now left and I have someone new moving in (supposed to be tomorrow). Today she mentioned putting her deposit into a deposit scheme, which I think I've figured out, and also a contract her tennancy.

    I've had a look around and am just very confused as to which contract I need to get, and what it should contain. Will she be a subtennant or a lodger? Should I do an inventory?

    Her rent is including bills at £750pcm and a deposit of £500, but now I'm looking at agreements I'm afraid that the deposit is not large enough, it isn't half of my deposit on the place which is fine, but doesn't cover the costs of all the appliancies in the flat which I have bought. Will I also need to take out insurance?

    #2
    As you are referring to a new "flatmate" then may we assume that you will be living in the flat and sharing most of the facilities with this person. If this is the case, then your flatmate is a lodger, no agreement is necessary, certainly not an AST and no deposit protection is required.

    P.P.
    Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

    Comment


      #3
      Originally posted by P.Pilcher View Post
      As you are referring to a new "flatmate" then may we assume that you will be living in the flat and sharing most of the facilities with this person. If this is the case, then your flatmate is a lodger, no agreement is necessary, certainly not an AST and no deposit protection is required.

      P.P.
      From a few things I read I got the impression that a lodger is when you own the flat and rent a room out?

      She wants an agreement and deposit protection.

      Comment


        #4
        Originally posted by londontennant View Post
        From a few things I read I got the impression that a lodger is when you own the flat and rent a room out?

        She wants an agreement and deposit protection.
        If you remain resident in the property, then the agreement can not be an AST (para10, schedule 1 - Housing Act 1988). Only ASTs legally require deposit protection.

        Your flatmate will be an "excluded occupier", not a "tenant".

        I believe you can still use www.depositprotection.com but you have no legal need to.

        WHSmiths sell a suitable agreement, it does state it is for a resident owner, but it should suit your case just fine.

        Comment


          #5
          Originally posted by londontennant View Post
          From a few things I read I got the impression that a lodger is when you own the flat and rent a room out?

          She wants an agreement and deposit protection.
          Not just when you own a property, but when you rent a property from a LL and then rent a room. But don't give her exclusive occupation of the room.

          She can have a contract, and I think Snorkerz is right that the DPS will protect a non-AST deposit if that's what you both want, but she can't have an assured shorthold tenancy because you're resident as landlord, and she can't complain if you don't protect the deposit (because there is no legal obligation to do so).

          I may be reading it wrong, but she sounds a little over-confident of her non-existent rights; which, personally, I wouldn't view as a plus in a potential lodger. Both of you need to understand that she will be an excluded occupier and as such can be evicted without formal notice or a court order.

          This website may help.
          http://www.lodgerlandlord.co.uk/

          Comment

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