Subletting

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    Subletting

    Hi All

    If I sign an AST as the tenant,does the AST have to have a clause In It for me to be able to sublet It or do I need to get a different agreement all together. AST with a sublet agreement.(By the way the landlord has agreed to this)

    Regards Gavin

    #2
    An AST can not be used for a property that is to be sublet.

    However, if all you are proposing is to take in a lodger / flatmate then that is not subletting and there would be no need for any special agreement / clause.

    Comment


      #3
      Hi snorkerz

      Thanks for your reply

      Sorry I didn't say I will not be living there

      Comment


        #4
        Originally posted by gavin s View Post

        Sorry I didn't say I will not be living there
        This statement is somewhat ambiguous, but I suspect you mean that you do not intend to live in the rental property, but to sublet the whole of the property to someone else?

        If so, as snorkerz says, the tenancy contract cannot be an AST because the tenant of an AST must live in the property as their primary residence.

        Comment


          #5
          Originally posted by gavin s View Post
          Sorry I didn't say I will not be living there
          Double negative? So does this mean you WILL be living there or won't be living there?

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            #6
            Hi

            No I wont be living there

            It Is a friends property who Is going to live abroad but wants security from me In an agreement
            Hope this clears up what I'm trying to do

            Thanks Gavin

            Comment


              #7
              Originally posted by gavin s View Post

              It Is a friends property who Is going to live abroad but wants security from me In an agreement
              Hope this clears up what I'm trying to do
              Sorry, no.

              The friend owns the property, and you're going to rent the property from him, then let it out to somebody else - ?

              Why doesn't the friend let the property direct to the somebody else?

              What do you mean by 'wants security from me'?

              Comment


                #8
                wants security from me

                Because the property should rent for £650pcm and I'm paying him £500pcm so he doesn't have to worry about his money coming In and I said I would pay him whatever

                Thanks Gavin

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                  #9
                  Could this be Used http://offcampus.uwo.ca/download_sublet_agreement.pdf

                  Comment


                    #10
                    Originally posted by gavin s View Post
                    NO. You'll get yourself into serious trouble if you use a random contract downloaded from the internet - this one doesn't even relate to English law.

                    You and your friend need to find and pay a specialist landlord & tenant solicitor to draft the contracts.

                    Comment


                      #11
                      Thanks westminster

                      Comment


                        #12
                        Is your friend aware of the complications of evicting tenants from rented properties - ie there is no guarantee of an empty house when he returns.

                        Also, as an overseas landlord, I believe you will have to pay your rent to him (less tax) and pay the tax directly to HMRC.

                        Also, as the 'sub-tenants' landlord, are you aware of your obligations to them?

                        The contract between you and the sub-tenant WILL be an AST.

                        Far easier for him to find a decent letting agent who can look after everything for him in a professional manner. A decent agent (they do exist) will charge between 10 & 18% depending on the level of service required.

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