Subletters rights with regard shared ownership property

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    Subletters rights with regard shared ownership property

    Hello Guys

    My first post on here and recently my first step to being a landlord!

    I have a shared ownership property that I have, by mortgage 100% ownership of. The mortgage allows me to let the property and a month ago I signed up with a letting agency and they found me a sub-letter (is that even a word!?), they call it a tenant.

    The sub-letter/tenant has been in for a week and all was going great.

    However, the subletter/tenant has spoken to another resident who also owns 100% of there SO property. The other resident told them they are just "sub letters" and do not have full rights.

    The HA have agreed the other resident is right. Now my sub-letter/tenant is concerned that there tenancy agreement is not 100% legit b/c they are subletters.

    I asked the HA and they said they will have nothing to do with the subletter. If anything happens they come to me and I am responsible.

    The lettings agency are acting shifty and say that maybe the tenancy agreement they put in place is not 100% right as its a sublet but it will probably be alright.

    Anyone got any thoughts or clarification? I don't really want any hassle!

    Cheers
    Steve.

    #2
    Originally posted by stevesw8 View Post
    I have a shared ownership property that I have, by mortgage 100% ownership of.
    Is this property a house or a flat?

    Comment


      #3
      Hello, thanks for the reply. The property is a flat, leasehold.

      Comment


        #4
        You have a shared ownership property that you 100% own? Do you mean it was previously shared ownership?
        "I'm afraid I didn't do enough background checks apart from checking her identity on Facebook" - ANON

        What I say is based on my own experience and research - Please don't take as gospel without first checking the gospel yourself.

        Comment


          #5
          Yes I do mean that. It was shared ownership, I stair cased to 100%. The HA still run the building, I still pay them a service charge. Their rules are still as they were on the lease with the one condition removed which is that the property maybe rented out, but as the leaseholder I am 100% responsible for everything.

          Comment


            #6
            IMO HA is correct. You 'own' 100% of Leasehold flat, for which you are liable. You are the LL of the sub-tenant and assuming you do not live in same property (resident LL), ST has an AST, which should name you as LL, but it should include all requirements of the Head Lease.
            Your T AST does not convey any property Rights, other than those of an Assured Shorthold TA.

            As a newbie LL I would suggest joining NLA/RLA for their free distance learning modules etc.

            Comment


              #7
              mariner,

              Hi! Thanks for that, I will look in to those distance learning modules.

              I am not a resident LL. The lettings agency have tailored the lease a bit to include most of the t+c's of the original lease.

              The subletter has contacted me again letting me know they intend to end after the first six months and that is fine I suppose. They are saying it was not clear they were sub-letter and if the HA were find a broken a rule the HA would take action against me and I might want to force them out and even though they have a tenancy agreement the one between the HA and me supersedes that.

              Maybe is right. I suspect they may have upset another neighbour, I will watch my post for a letter from the HA!

              Comment


                #8
                It's not a sublet, it's a tenancy.

                You are bound by the terms of your own long term lease.
                If you breach the terms of that lease, the lessor (or the management company) may ask you to remedy that breach - and may ask for compensation.

                That has nothing to do with your obligations as a landlord to your tenant.
                If the conditions of your agreement with your tenant allow them to do things not allowed by your own long term lease, that's an issue, as the managing company may ask you to fix something and you might be unable to do that easily.
                You're certainly in no position (for example) to "force out" your tenant, who has all the rights of any other tenant.

                Your tenant may be confusing the two uses of the word "lease".
                While a short term tenancy is also a lease, it is quite different to the long term lease you have on your property.
                You are not sub-letting (in the way the words are normally used), you are letting - many landlords let properties that are leasehold, just like yours (most flats are leasehold).
                Sub letting is (typically) when a property is rented from someone who is, themselves, a tenant.
                When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                Comment

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