Subletting question

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    Subletting question

    Hi everyone,

    Quick question (and hopefully simple one as well!)

    I am the head leaseholder of a property which is part of a development and is managed by a management company who hold the freehold. Under the terms of the lease, I must request permission from the Management Company prior to letting my property.

    I am in some minor financial trouble and have a good friend of mine interested in occupying the extra room in return for a monthly rent. If I am a resident landlord, does assigning the extra room to a housemate count as subletting?

    Thanks for your help!

    Michael

    #2
    No. You will just be taking in a lodger. Lodgers have few rights.
    I offer no guarantee that anything I say is correct. wysiwyg

    Comment


      #3
      Agreed. As long as you don't go and live elsewhere leaving your lodger as a tenant, there should be no problem.
      '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
        Originally posted by mind the gap View Post
        Agreed. As long as you don't go and live elsewhere leaving your lodger as a tenant, there should be no problem.
        True, yet I wonder whether post #1 was asking about not:
        a. T's status vis-à-vis OP; but
        b. whether OP needs F's consent. This depends on the exact wording of the long lease's clause.
        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.
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        Comment


          #5
          Originally posted by Michael1985 View Post

          I am the head leaseholder of a property which is part of a development and is managed by a management company who hold the freehold. Under the terms of the lease, I must request permission from the Management Company prior to letting my property.

          I am in some minor financial trouble and have a good friend of mine interested in occupying the extra room in return for a monthly rent. If I am a resident landlord, does assigning the extra room to a housemate count as subletting?
          Not if you do not grant the friend exclusive possession of the room. See http://www.lodgerlandlord.co.uk/2010...ger-a-tenancy/

          Comment


            #6
            Also, if you comply with the 1927 Landlord and Tenant Act, you don't have to ask permission even if you do let the place. See section (b) below:

            19 Provisions as to covenants not to assign, &c. without licence or consent.

            (1)In all leases whether made before or after the commencement of this Act containing a covenant condition or agreement against assigning, underletting, charging or parting with the possession of demised premises or any part thereof without licence or consent, such covenant condition or agreement shall, notwithstanding any express provision to the contrary, be deemed to be subject—

            (a)to a proviso to the effect that such licence or consent is not to be unreasonably withheld, but this proviso does not preclude the right of the landlord to require payment of a reasonable sum in respect of any legal or other expenses incurred in connection with such licence or consent; and

            (b)(if the lease is for more than forty years, and is made in consideration wholly or partially of the erection, or the substantial improvement, addition or alteration of buildings, and the lessor is not a Government department or local or public authority, or a statutory or public utility company) to a proviso to the effect that in the case of any assignment, under-letting, charging or parting with the possession (whether by the holders of the lease or any under-tenant whether immediate or not) effected more than seven years before the end of the term no consent or licence shall be required, if notice in writing of the transaction is given to the lessor within six months after the transaction is effected.
            To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

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