Complicated letting situation :(

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    Complicated letting situation :(

    I've got myself into a really complicated situation here.

    My friend and I have been looking for somewhere to live together. It was advertised by one of the current tenants as his other two housemates were moving out, and we would take over their tenancy with the agency. However, my friend has just moved in, and isn't paying the agency any money - he's paying it directly to the remaining tenant.

    I've found out the situation is this - the flat was originally let to three people, but one moved out and was taken off the tenancy. The flat is let to two people, but has three bedrooms. Since the other tenant moved out, the remaining tenants have had someone living in the other room, paying them money towards their own rent.

    I'd be legally taking over the contract of one of the previous tenants, and signing for it, paying a deposit to the agency, etc, but my friend is in a room which the agency aren't aware anyone is in, and would be paying us £120 each, making £240 rent per month. The rent is £360 per month, but by paying us each £120, everyone pays £240 per month.

    Sorry if this sounds really confusing. I desperately need some advice here. I haven't signed the contract yet, is what the existing tenant planning on doing illegal?

    #2
    This reads like a question on the GCSE Maths paper (Foundation Tier), but I think the answer is 'probably not'. The worst offence you could be committing is subletting to your friend if there is a prohibition against subletting in the agreement. (Is there?)

    Why not just explain to the agent that you would all three like to be put on a new AST tenancy agreement? There are three bedrooms - it's in their interests to have three people contributing to the rent.
    '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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      #3
      Yeah, I did think it read like the Edexcel version of subletting after I put in the math at the bottom. This is my first time renting and I'm just getting confused over things, so it's in words at least I can understand...

      Does the situation not constitute subletting? I'm pretty sure there isn't any clauses in the contract giving permission to do so =\

      Comment


        #4
        Originally posted by SeanPhoenix View Post
        Yeah, I did think it read like the Edexcel version of subletting after I put in the math at the bottom. This is my first time renting and I'm just getting confused over things, so it's in words at least I can understand...

        Does the situation not constitute subletting? I'm pretty sure there isn't any clauses in the contract giving permission to do so =\
        Please re-read your tenancy agreement and reproduce for us exactly what it says (if anything) about subletting.
        '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 SeanPhoenix View Post
          Yeah, I did think it read like the Edexcel version of subletting after I put in the math at the bottom. This is my first time renting and I'm just getting confused over things, so it's in words at least I can understand...

          Does the situation not constitute subletting? I'm pretty sure there isn't any clauses in the contract giving permission to do so =\
          You would be a tenant. Your friend would be a lodger.

          You would have tenancy rights and obligations
          He would have minimal rights and minimal obligations.

          There is no sub-letting involved, subletting would require the actual tenant to leave and rent the property in its entirity to someone else - thus granting them tenancy rights.

          In this scenario, the 'real' landlord would grant you tenancy rights, and no-one would grant them to your friend.

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