Sublet with agency's verbal agreement - is this OK?

iagva

Here's my situation, any advice or constructive opinion on where I stand would be welcome and appreciated:

I have been renting my flat for more than 4 years now. I will shortly be away from home for about 6 months. I would rather not move out but do not want to pay the rent for those 6 months. I have asked the agency if I can sublet during that time, and they have agreed verbally but will not put it in writing. If I were to sublet the flat it would be on a short term, holiday basis (bookings managed by a friend) as it is well located and would work well this way.

I am aware that because I do not have written consent, the LL/agency could ask me to leave, but with the experience of this LL (a body that owns many properties, not an individual) and agency, I am not overly concerned about this aspect. The agency have told me repeatedly when I've asked them about this that as long as the rent is paid, they are happy.
My concerns are that if someone was to be hurt in any way, including fire or electric/gas problem, would I be in any way liable because I do not have written consent to sublet? The agency already provides me with the gas safety certificate and smoke alarms etc. Obviously this is very unlikely, and no more likely to happen than for me when I am living there, but I would not want to open myself up to any serious trouble in this way.

sooz

How would maintenance be dealt with? Boiler breaks down, holiday renters call your friend, he calls agency, agency don't tell holiday tenants when they are coming in...

As its a flat, the head lease may well forbid holiday lets.

Multiple people over the course of 6 months trash the flat, break or steal things, & it will be your fault.

Agency won't put permission in writing. That says it all really.

G_M

First, I'd be very cautious about doing this on the basis of a verbal agreement, especially if your tenancy agreement forbids subletting. Does it? Have you checked? They usually do.

Second, you will become a landlord - with all the legal duties/responsililties of a landlord.

Third, this idea of holiday lets - be cautious. You could easily create a different form of tenancy just by providing exclusive use over a period of time.

I think you are right to be concerned.

Werdnal

Firstly, never take a letting agent's word for anything without getting it in writing. The letting agent works for the LL not you, and should you fall foul of this little plan of yours, they are likely to deny all knowledge that you even mentioned it. They would not want to risk losing the LL commission by admitting they agreed to your request!

Letting on a holiday let basis is a whole different ball game to letting residentially. You must check again with the agents that they understand your intentions and get the LL's permission too. Your LL's insurance would be void if anything happened to the property whilst it be being let on a commercial basis!

Does LL have a mortgage on the property? If so, I suspect they would not approve holiday letting either.

You will have no security - theft, damage, extra wear and tear - people tend to treat holiday properties very differently to one they live in. You may also upset your neighbours - people in holiday mode might not fit in with the residents - noise, comings and goings at all hours, litter, etc.

There are stricter health and safety and fire safety regulations for holiday lets, and if a someone had an accident or injury, you would be liable. All electrical appliances you provide would need to be PAT tested. Is the furniture all up to current fire safety specs?

You will also need to declare this income for tax.

I assume its a leasehold flat - Does your head lease allow holiday letting? My flat is allowed to be rented to a permanent tenant, but holiday lets are specifically prohibited.

If you really want to sublet it for the time you are away, find someone to live there - do not invite a different group of total strangers to use and abuse the place every week, then drive off into the sunset leaving you to put it all right.

phill99

There is a lot of sound advice in the above posts. Remember it's not the LA that can grant you pemission (written or otherwise) about sub letting. Only the LL can agrre to this and you would need to get this in writing.

And in terms of holiday lets, it means you become the LL and you have to provide the Gas Cert and have liabailty insurance etc.

'Can of Worms' and 'opening' can be put together to form an appropriate saying.

iagva

Thank you all for your valuable advice. This is obviously something I need to think through a lot more than I'd thought.
Perhaps I could get a second bit of help here:
My agency gave me a 6 month assured short hold tenancy in 2007. This was the only contract I have ever signed with them. As this was never renewed, am I already out of contract with them, or does it roll on until terminated by either party. The original agreement had a 2 month notice period, but now I have emailed the agency to say I wish to terminate the contract and they have asked me when I will vacate the property which makes me unsure if the 2 month notice period still applies.
Thanks again for all your help!

G_M

As this was never renewed, am I already out of contract with them, or does it roll on until terminated by either party.

Yes.
You need to give one full rental period notice or the LL has to give you two.

In each case, the Notice period must align with th rental period. Check the date your original contract ended (eg Aug 25th 2007 - Feb 24th 2008). Assuming you pay rent monthly, your rental periods would run from 25th to 24th of each month.

shamac

You will need full public liability insurance, my HL costs me over £70. a month for this alone.