Suspect tennant is subletting a room

martinsurrey

jamie11 wrote: »

I rest my case.

you are infact wrong, even Shelter says you should get your land lords agreement, even if your tenancy agreement says its okay

http://england.shelter.org.uk/get_advice/renting_and_leasehold/private_tenancies/assured_shorthold_tenancies

the right to sub let is not covered by the housing act 1968 or 1996, so you dont automatically have one.

If the tenancy agreement has a clause that prohibits it, and they do sub let, they are in breach of contract, and they can evict you (with a court order) regardless of how long you have on a AST agreement remaining.

DannyboyMidlands

Dodgysailor wrote: »

Hi all,

I am renting my two bedroom terrace house to a married couple and one of the rooms was normally empty. I have been told by my neighbour that someone else is living in the house with the couple but I have no ways of finding out whther they are friends or they are paying rent for it. Is there anything I can do to check this?
Cheers

What's it got to do with you?

Maybe you could get your busybody neighbour to extend his surveillance? Or drill a peephole in the wall and film what they get up to inside? phwoar.

chris_m

note wrote: »

2) utter garbage. a homeowner can redecorate, knock down walls (with permission of leasholder if leashold), a tenant cant.

ITYM with permission of the freeholder - the leaseholder is usually the homeowner themselves.

theartfullodger

Don't forget to help tenant keep legal by writing to HMRC and advising about their extra income to be taxed.

note_2

chris_m wrote: »

ITYM with permission of the freeholder - the leaseholder is usually the homeowner themselves.

meant to say freeholder but thanks for that anyway

jamie11

martinsurrey wrote: »

you are infact wrong, even Shelter says you should get your land lords agreement, even if your tenancy agreement says its okay

http://england.shelter.org.uk/get_advice/renting_and_leasehold/private_tenancies/assured_shorthold_tenancies

the right to sub let is not covered by the housing act 1968 or 1996, so you dont automatically have one.

If the tenancy agreement has a clause that prohibits it, and they do sub let, they are in breach of contract, and they can evict you (with a court order) regardless of how long you have on a AST agreement remaining.

I stand by what I've already said.

Most tenancy clauses forbid the sub letting of premises in one form or another, in practice the law allows it, especially letting to a lodger.

Dick_Tucker

martinsurrey wrote: »

you are infact wrong, even Shelter says you should get your land lords agreement, even if your tenancy agreement says its okay

http://england.shelter.org.uk/get_advice/renting_and_leasehold/private_tenancies/assured_shorthold_tenancies

the right to sub let is not covered by the housing act 1968 or 1996, so you dont automatically have one.

If the tenancy agreement has a clause that prohibits it, and they do sub let, they are in breach of contract, and they can evict you (with a court order) regardless of how long you have on a AST agreement remaining.

Having a lodger is not sub letting though. So you are posting irrelevant information.

Dick_Tucker

theartfullodger wrote: »

Don't forget to help tenant keep legal by writing to HMRC and advising about their extra income to be taxed.

hmrc wrote:

by HM Revenue - 2011
From a lodger in your only or family home if more than £4250 a year

You spiteful little creep.

PasturesNew

Lodgers are scum..... it's bad enough the OP has to let Renter Class people live in his property ....

Poor soul

(Note: I am a lodger).

It_can_get_better

It depends on whether the tenancy is fixed term or periodic. There is an implied term in all periodic tenancies that a tenant can not sub-let or part with possession of any part of the property without consent of the landlord. This applies to statutory periodic. In Contractual periodic tenancies it depends on what is written in the tenancy agreement as to whether it is allowed.