Suspect tennant is subletting a room

jamie11

It_can_get_better wrote: »

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.

I'm sorry, I really don't agree. Practically any tenant with a spare room can take a lodger, no matter what the agreement says.

It_can_get_better

jamie11 wrote: »

I'm sorry, I really don't agree. Practically any tenant with a spare room can take a lodger, no matter what the agreement says.

S15 Housing act 1988 does agree!

http://www.legislation.gov.uk/ukpga/1988/50/section/15

jamie11

(1)Subject to subsection (3) below, it shall be an implied term of every assured tenancy which is a periodic tenancy that, except with the consent of the landlord, the tenant shall not—
(a)assign the tenancy (in whole or in part); or
(b)sub-let or part with possession of the whole or any part of the dwelling-house let on the tenancy.

Neither of those conditions apply to taking a lodger.

Callie22

!!!!!!_Tucker wrote: »

You spiteful little creep.

Don't forget the tenant could also choose to do the same ... :whistle:

Yorkie1

I am not a LL, but if I was then I'd want to know who was living in the property which I owned, and want to assess the risk to my property. The original tenants will, in all likelihood, have been credit checked and referenced. The new person will not have been.

I appreciate that the original tenants remain liable for the rent, so that risk is minimised, and that the deposit is there to cover damages, but nevertheless there is someone whose character isn't known.

OP, how long have you rented to this couple? Would you otherwise trust them? What is the source of your information and do you trust them? How long do you think this person has been staying?

Have you done a tenancy inspection recently? Would it seem out of order to do one?

Dick_Tucker

theartfullodger wrote: »

Cheers!! Thanks for your kind thoughts.

Any decent patriotic person pulls their weight & pays their taxes. I pay tax on my rental profits & quite right too. Are you saying you want tax cheats here???

Best regards to all, including those who disagree with me!!

I trust people to declare their own taxes, if you have no evidence they are making more than that it's just spite, but anyway it would be a fair bit of income from the room before they had to. As in the info I linked from the HMRC site, around £350 pcm.

Kynthia

Subletting is when the tenants move out and let the whole property to someone else. This can create havoc to the landlord and is usually prevented by the lease.

A tenant taking in a lodger is very different as the lodger has very few rights and the tenants are still responsible for the property. It also means the tenants are less likely to have trouble paying their rent. It's usually considered polite to ask your LL first before taking in a lodger but i don't think you have to.

OP, your tentants may have a guest who's staying for a while. Unless you have any reason to think that they have moved out and sublet the property then I wouldn't worry, they are allowed to treat it as their home and have people stay.

jbreckmckye

To be honest, if the property itself isn't at risk, I'd probably let it slide - though I'd keep an eye on the situation. I'd rather the tenant be able to pay their rent than have to deal with a void.

ScotlandM

I thought sub-letting had to do with locks and access?

So if the lodger doesn't have a lock on their beddoor they are just a lodger sharing the house
But if there is a lock on the bedroom door it counts as seperate and is a sublet?

Or is it more than just a lock on the bedroom door? Like they access the house via a different door, or if the renting couple rent out an outbuilding?

jamie11

ScotlandM wrote: »

I thought sub-letting had to do with locks and access?

So if the lodger doesn't have a lock on their beddoor they are just a lodger sharing the house
But if there is a lock on the bedroom door it counts as seperate and is a sublet?

Or is it more than just a lock on the bedroom door? Like they access the house via a different door, or if the renting couple rent out an outbuilding?

Usually a lodger will share the kitchen or/and bathroom with the landlord, the landlord may be entitled to enter the lodger's room for cleaning etc. If the property has it's own private entrance and is completely separate then it's likely to be an AST