HB for Sublet

tkc

My partner wants to move into a room in a house-share that is to be sub-letted by one of the current joint tenants that is looking to move out. It seems the outgoing (student) tenant didn't get on with the others and has the LL's blessing to sublet to my partner.

From the looks of the HB claim form, the standard documentation for evidence of a private rental is a tenancy agreement. As you might imagine, the current student tenant is unwilling or unable to offer a formal sublet contract, and the headlease LL would rather a sublet than have to spend on a letting agent to sort it.

This makes the lease undocumented, and this prevents a HB claim (which would be a necessity to cover rent). The claim form mentions that a letter detailing the rental or a rentbook might be acceptable, but does anyone have experience or knowledge of this? What sort of thing should the letter contain, and as this isn't a particularly formal rental, are multiple forms of evidence, say a rent-book and landlord letter required? Furthermore, when the HB forms require the 'landlords' details does that mean the sublet LL or the headlease LL?

Two more things:
1) The claim form has categories for types of rental, and two of these are a) renting from a private landlord or b) renting as a lodger or a sublet from someone in the property. Isn't a tenancy with a resident landlord automatically a lodger with a bare contractual tenancy? To my mind you cannot have a "sublet from someone in the property", so the inclusion of a sublet in the category is kind of confusing. It's probably a) but it's tempting just to select sublet because, well, it says sublet right there...:o
2) In the absence of an explicit contractual term, who is responsible for the council tax? My partner would be a non-student moving into a student house, so the sublettor probably wouldn't even think of it. I assume the headlease would include a term that the tenants are responsible for the council tax, even if they are exempt. Even though there isn't privity of contract to pass down this obligation, is it worth just telling the council that my partner will be responsible for the council tax :eek: even if we're not sure?

Sorry for the specific questions; the CAB wasn't helpful and I'd rather have some clue before talking to the council as I've heard bad things about the process. Thanks in advance.

Emmzi

"doesn't mind subletting" is not the same as "it's a legal sublet." Legal sublets come with documentation.

I'd find a different room to rent. Plenty legit ones going.

tkc

I suppose a letter from the landlord stating that she gives permission would be a necessity then really. I understand that it's precarious, but I don't think it's necessarily illegal. The Law of Property Act 1925 s.54(2) provides that leases need not be put into writing if there was a valid verbal contract and the lease duration is under 3 years.

We've been looking for 4 months and this is the first one in-budget, that isn't definetly illegal, in a suitable area and doesn't say "NO DSS, NO NON-PROFESSIONALS, NO UNDER 30's".