subletting

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    subletting

    my tenent has 3 logers staying with her . she says she cant pay the rent on her own . If i let her have logers can i charge more rent and will her logers have any rights ?
    I dont want logers but if i can get more money i may agree

    #2
    If you agree, the lodgers will have rights, they will become tenants. In fact, they may well already have rights, despite you not giving them. They are not lodgers, they are already tenants, albeit to your tenant. This is a very risky way to go...if you really really want to do this I would suggest the only remotely safe way to do it is to have all of them on a joint tenancy. Otherwise get rid.
    Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

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      #3
      They have no legal right to be there, they are lodgers and as such can be made to leave without notice but as they are staying in your property, effectively you have tenants that you have not referenced. Tell her that the situation is not acceptable:
      Option 1. She applies for Housing Benefit to pay the rent.
      Option 2. The lodgers are referenced and if acceptable, are put on a new AST.
      Option 3. Section 21.

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        #4
        MrWoof I wouldnt be so sure....they will have some form of rights...as has been statedmany many times before on this forum subletees once paying rent do have certain rights.
        Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

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          #5
          Lodgers

          We have just evicted a tenant who had lodgers, they are just that.. Lodgers they have no rights, Jusge was aware of them and just made bailiffs aware of their presence. We have a term in our old AST (now replaced due to unfair terms etc!) .. its states that any rent received from a third party is assumed to be paid as an agent of the tenant and therefore does not give the third party any rights to the property.

          Beware however with the new HMO laws which are on their way in, this house may become an HMO without you being aware... just call your Environmental Health officer and have a chat. They don't bite and are very helpful when you are proactive.

          You can do as above really, vet them and issue a new AST or issue a section 21.
          GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

          Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

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            #6
            Thanks for the advice im going to get rid of her and her logers .
            Where can i get a section 21 form from ? can i issue it myself of do i have to do it through a solicitor ?
            Regards Phil

            Comment


              #7
              I would send you an S.21 but its © Mr Woof, if you ask him nicely he will probably send you one, have a read of this thread on S.21 service

              http://www.landlordzone.co.uk/forums...=question+time

              Comment


                #8
                Always happy to oblige, just pm me.

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