Does lodger = subletting?

natscat84

My husband and I privately rent a small flat from a private landlord. Our landlord is pretty awesome, and we've been here for 18 months.

One of the clauses of our contract is that we can't sublet the flat. Now, my brother has asked us if he can move into our spare room for a few months whilst he's waiting to move house, for which he'd give us some money towards rent and bills.

What I want to know is, would this be classed as subletting? Husband and I would still be living in the flat full time as our home, and brother would only be staying for a temporary period of time. Wondering where we stood if bro paid us some money to stay? Alternatively, as what he's paying us will fund our trip to NYC at Christmas, would it be better if bro just bought us our tickets as a 'thank you', and didn't actually transfer any money to us?

BitterAndTwisted

It's my understanding that sub-letting means you stop living there and assign your lease to someone else. You're not going to do that, you're just going to have a rellie come to stay with you temporarily.

mickey54

Sub-letting does not mean assigning your lease. You are still the responsible person - and allowing someone else to stay in your tenancy. This is normally with the consent of landlord, and you, as the tenant, are still responsible for rent payment. Re-assigning your lease - means that you are giving up the tenancy - and handing over to someone else.

lzcook

I really wouldn't worry about it.

It's probably a sub-letting if he's got exclusive possession of a room (ie you're not allowed into that room when he's not there) and he's paying a regular rent for a fixed period or series of periods. Otherwise it's probably going to be just a licence.

The important thing as far as your landlord is concerned is that you pay your rent on time and if you do that then realistically he's not going to kick you out for letting your brother stay. Your landlord's mortgagee would only be concerned if it created any security of tenure for your brother (ie if you moved out he's still have a right to stay). Ignorance is bliss for both of them.

lzcook

BitterAndTwisted wrote: »

It's my understanding that sub-letting means you stop living there and assign your lease to someone else. You're not going to do that, you're just going to have a rellie come to stay with you temporarily.

Landlord - Lessee - Sub-lessee

Landlord - Assignor
. |
. Assignee

Basically a sub-lessee doesn't have a direct relationship with the landlord in the chain and goes through the lessee.
An assignee effectively takes over from the assignor in the chain.

You can sublet part only of the premises.

tbs624

lzcook wrote: »

.You can sublet part only of the premises.

No, a "sublet" can also apply where the orignal T moves out, new T moves and pays rent to original T, who then pays the LL ( change of occupant without the knowledge or consent of the LL)

tbs624

OP - as you say that your LL is "pretty awesome", why not mention your brother's stay to him ( as a matter of courtesy), emphasising the temporary nature of it, if its is to be temporary. However, "several months" of him staying sounds more like he ought to be added as a "permitted occupier"

lzcook

tbs624 wrote: »

No, a "sublet" can also apply where the orignal T moves out, new T moves and pays rent to original T, who then pays the LL ( change of occupant without the knowledge or consent of the LL)

Oops, that wasn't very clear of me. I meant part only as in it didn't need to be the whole, rather than that was the only way you can sublet.

theartfullodger

Suggest you post the EXACT wording of the clause(s).

Usually tenancy will say things like no subletting, assignment, paying guests or other occupants etc etc.

Without seeing exact wording we can't answer your question.

Regardless of that, p++ssing off landlord will result in eviction regardless of the legalese in the tenancy thanks to Thatcher's section 21.

Cheers!

sequence

I don't see why you can't have a family member stay for any length of time. It's no different to any other guest.

BigAunty

In my opion, guests stay briefly and they have a primary residence elsewhere.