As a tenant can I sublet rooms in the flat I live in?

Dahanne

I have been renting a flat from an agency since 2009. The flat has 2 bedrooms and one separate living room. I have been renting the 2 rooms and I live in the living room. at the moment I am having problems with the tenants because they dont want to leave the flat. I have given them 4 weeks notice because they have been a nightmare and dont want to follow the house rules.

Both the landlord and the agency are aware of my arrangement with the current tenants.

Firstly is it ok to let out the rooms as I am doing or does it need some sort of license from the council? At the moment I am paying the council tax but is just under my name.

Secondly in regards to the 4 weeks notice that I have given the tenants is that ok?

Finally can the tenants do something against me? i.e. call council, police etc

If they refuse to leave what can I do?

Hope you can help,

Thanks

CIS

At the moment I am paying the council tax but is just under my name.

That's correct, the council tax will remain in your name as you are liable for any council tax due

iwantasmallholding

I would check the contact you have with your landlord, I know that most people put a clause in preventing subletting, or charge extra to allow you to sublet. Landlords dont like tennants subletting room normally as a rule of thumb because they have no control over who is in their flat. Check your contract as you could be in breach. In witch case you will struggle, have you sub tennants got contracts? what do they state?

iwantasmallholding

as for the council tax, are you paying FULL tax or getting the single occupancy discount, if you are then you will be breaking the law, so I would ring council and back pay them what you ow them or else you could be in a sticky situation

iwantasmallholding

Just re-read the post, technically your landlord is being VERY naughty as if the flat is rented out as single rooms, ie multi occupancy, I think all maner or regulations change, ie fire regs, licences etc etc but someone here is know more

laurel7172

Leaving aside what the landlord should be doing, as things stand the OP is the other tenants' landlord, and he's in residence, so doesn't that make them his lodgers and therefore relatively easy to remove?

G_M

Your 'tenants' are not tenants. They share the property with their landlord (you) so they are lodgers. They have virtually no rights. You can ask/tell them to leave when you want, though instantly (today, now) would be unreasonable. If they were threatening /intimidating you, that would be reasonable, and you could ask the police to attend to avoid a breach of the police when you evicted them (though the police often fail to understand the distinction between lodgers/tenants).

As for whether you are allowed to sublet - that depends on your contract, which is only partially determined by what is written. If the landlord has given permission, that would form part of the contract.

Dahanne

I have checked my contract and it is fine the landlord and the agency know what I am doing. I have agreements with the people in my flat which I made it and is one page with boiling points such as keep the house nice and clean, how many keys I have given to them etc. Also the agreement said that there is a minimum stay of 3 months (which is gone) and that the notice has to be given with 4 weeks in advance. At the moment the situation in my house is terrible to be honest I am feeling scare of what this people can do, is like when you know they are planning something but until now I don't have any evidence it is just the feeling therefore it is going to be a nightmare to live with them 4 more weeks. It is any way that I can ask them to leave sooner?
Please help!

HappyMJ

Yeah don't worry about the other posters everyone tries to pick something out which may be considered wrong/illegal.

You can just ask them to leave - now if you want. Once they have left change the locks. (it'll have to be at your expense though) That's it. If they try and get back in or won't leave then call the police and stress that they are your lodgers and no longer welcome to stay where they are and you need them to attend to prevent a breach of the peace when you are removing their belongings.

theartfullodger

You CAN sublet, but probably MAY not.. Almost all tenancy agreements I've seen preclude subletting without the LL's written permission: Do you have written agreement??

You've been declaring your rental income to the taxman as all honest landlords do aye??? (You are your lodger's Landlord... )

pinkshoes

They are lodgers, and not tenants, so you can give them 24 hours notice if you wish...

You do realise that any rent over £4250/year you must pay tax on?

Perhaps you should read up on the Rent-A-Room scheme:

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/Taxes/TaxOnPropertyAndRentalIncome/DG_4017804