Renting troubles

hayden2222

He cant unreasonably refuse, but if he has reasonable grounds i.e. insurance or HMO limitations then yes he can refuse. Thanks again for the help, a call to the LL is in order i think!

RAS

hayden2222 wrote: »

He cant unreasonably refuse, but if he has reasonable grounds i.e. insurance or HMO limitations then yes he can refuse. Thanks again for the help, a call to the LL is in order i think!

I am sorry but he can refuse any time he wants for any reason he wants or no reason.

it really does not matter how much you opinion shop, the answers will be the same. You are a Suzy Butler tenant but that does not make either of you right.

FTBFun

hayden2222 wrote: »

He cant unreasonably refuse, but if he has reasonable grounds i.e. insurance or HMO limitations then yes he can refuse. Thanks again for the help, a call to the LL is in order i think!

He's the landlord, he is entitled to refuse for whatever reason he likes.

Pull your finger out and look for somewhere else to live.

lynzpower

hayden2222 wrote: »

He cant unreasonably refuse, but if he has reasonable grounds i.e. insurance or HMO limitations then yes he can refuse. Thanks again for the help, a call to the LL is in order i think!

And you seem to think its down to you to work out whether he is reasonable or not!!!!

Dont come here whingeing and moaning and trying to find a way round the inevitable no I can sense coming.

Arrogance isnt the word, jeez who do you think you are!! :eek::eek::eek::rotfl:

Meatballs

N79 wrote: »

I'm sure you will tell me to jog on but the tenancy agreement would need to actively allow subletting (and not merely be silent on the subject) because no subletting is an implied term in an AST.

Since when?

bitsandpieces

Do you know how much the council tax on the property would be? Even with a single-person discount, it's likely to cost quite a lot on a 5-bed place. I would be very surprised if it makes financial sense for you to share with 4 students like this (I'm assuming your friends would expect you to pay the CT, as it's only because of your presence that the tax is due).

You'll likely need to either get your own place or share a place (and the CT bill) with non-students. I think it's a pity that the regulations make it hard for students and non-students to share, but thems the rules.

tbs624

Ankatden wrote: »

Students get reduced Council Tax and as LL is paying this then you residing there when not a student will cause council to reassess this at a cost to him yet he gets no income from you for doing this.

Full time students can claim *exemption* rather than a reduction of the CT due. The LL is only responsible for the CT if the property when/if the property *is* registered as an HMO.

If the OP being added as a formal (ie rent paying) T triggers an HMO registration, and a resultant CT liability, then clearly the LL would allow for this in their costings.

Meatballs

Currently the OP is not doing any harm, he's staying as a guest at friends house whilst finding permanent accomodation. I don't see why you're all making such a fuss. I can't see any legal problems from a short term sleeping over at a friend's house occuring to the LL/Tenants/OP.

The LL has let out the property to the students. They are paying the full rental costs. They can enjoy it as they wish and have guests over to stay.

OFT about subletting:

Excluding assignment and subletting
Unfair term Way of revising term
The tenant must not assign underlet
charge part with or share possession
or occupation of the property or any
part of it.
The tenant must not assign underlet
or part with or share possession of
the whole or any part of the property
without the permission of the
landlord, such permission not to be
unreasonably withheld.

Unreasonable could have a range of meanings though. They haven't really sublet it yet. He's staying as a guest.

The OP has taken advice, and is doing the correct thing and contacting the LL to request permission to stay properly?

Meatballs

clutton wrote: »

""He cant unreasonably refuse," - As a LL i can refuse WHOEVER i want as a prospective tenant... without giving any reason at all...... consider yourself on the "no" list....

As above from OFT you can't unreasonably refuse who a tenant sublets to. They aren't your tenants at the end of the day they are your tenants tenants! You still get all your recourse through your immediate tenants for damages problems etc. And you evict the subletters by evicting your tenants..?

clutton_2

for the hundredth time........ OFT are recommendations.... NOT law......

""you can't unreasonably refuse who a tenant sublets to"

yes i can.. my ASTs all say NO SUBLETTING as do any AST i have ever seen ......


""The tenant must not assign underlet
or part with or share possession of
the whole or any part of the property
without the permission of the
landlord, such permission not to be
unreasonably withheld. ""

it would be utterly unreasonable for a tenant to force a LL into breaking the [EMAIL="HM@O"]HMO[/EMAIL] laws by allowing more tenants than the landlord has agreement for....