Urgent subtenancy problem

Verticaldrop

After graduating, my daughter continued to share a student tenancy in Plymouth and in December asked her landlord's permission to sublet her tenancy to work as an au pair in Italy from 3 January.

Her landlord agreed to this verbally and she accordingly sublet her tenancy to a one-year PGCE student who is a model tenant, well-liked by his fellow tenants, and reliable, covering both a deposit and paying his first month's rent in advance. Her landlord has now told her by email that she has acted without his authority, that he had wished to meet any prospective subtenant in advance and that he intends to evict the subtenant.

Can anyone please advise me as to my daughter's position and, more importantly, as to the legal rights if any, of the subtenant?

This is quite an urgent matter, so any help gratefully received.

Guest101

Verticaldrop wrote: »

After graduating, my daughter continued to share a student tenancy in Plymouth and in December asked her landlord's permission to sublet her tenancy to work as an au pair in Italy from 3 January.

Her landlord agreed to this verbally and she accordingly sublet her tenancy to a one-year PGCE student who is a model tenant, well-liked by his fellow tenants, and reliable, covering both a deposit and paying his first month's rent in advance. Her landlord has now told her by email that she has acted without his authority, that he had wished to meet any prospective subtenant in advance and that he intends to evict the subtenant.

Can anyone please advise me as to my daughter's position and, more importantly, as to the legal rights if any, of the subtenant?

This is quite an urgent matter, so any help gratefully received.

Is this a joint tenancy or individual tenancies?

This will further any more advice

Verticaldrop

Thanks for looking at this, it's an individual tenancy.

Argghhh

if her contracts says no sub letting and you havent the agreement in writing then the landlord can do what he has threatened and hold your daughter responsible for the remainder of the rental period

Verticaldrop

Argghhh wrote: »

if her contracts says no sub letting and you havent the agreement in writing then the landlord can do what he has threatened and hold your daughter responsible for the remainder of the rental period

I'm not sure what her contract specifies, tbh. Does the subtenant have any de facto rights?

Guest101

Yes. The LL cannot just chuck her out. But the LL can evict his tenant, de facto ending her right to be there and in turn the subtenants.

The sub tenant mean while may not leave and your daughter could end up paying fees.

I just want to really double check that it's an individual tenancy. And if so does it say not to sublet or otherwise assign.

Verticaldrop

So, the subtenant has some protection and the LL can only evict him by first ending my daughter's tenancy? And, if evicted, would she still be liable for rent until her tenancy expires, which I believe is on 31 July? Thank you for your help.

Guest101

Verticaldrop wrote: »

So, the subtenant has some protection and the LL can only evict him by first ending my daughter's tenancy? And, if evicted, would she still be liable for rent until her tenancy expires, which I believe is on 31 July? Thank you for your help.

U know what, when u said continued to rent as presumed it had gone periodic.

It's still fixed term? LL will struggle abit more in that case.

If evicted the tenancy ends, your daughter would not owe the remainder.

What contract did your daughter give to the subtenant?

Pixie5740

The LL could try for an eviction based on Section 8 Ground 12 but it is discretionary so a court might not find in his favour. It's important to find out what your daughter's tenancy agreement says about subletting.

Who did the sub-tenant pay a deposit to? Your daughter?

Edit: More importantly who does the sub tenant pay rent to? Your daughter or your daughter's LL?

Also see Shelter's guide to sub tenants.

http://england.shelter.org.uk/get_advice/sharing_and_subletting/subtenants

Verticaldrop

My daughter's tenancy is individual and fixed term under an Assured Shorthold Tenancy Agreement which ends on 31 August. She gave the subtenant a sublease agreement ending on 31 July together with an attached copy of her tenancy agreement to be incorporated into it. So, she will revert to being the tenant for the month of August.

Her tenancy was no subletting, but she did ask her landlord's permission to sublet in December which was given verbally, so she proceeded to sublet on that basis. The rent paid by the subtenant has been accepted by the LL via standing order from my wife’s current account, with her acting as our daughter’s agent while she’s abroad. The sublease deposit of £150.00 was paid to my wife's account on behalf of our daughter.

Thanks to everyone who's posted. Much appreciated.

Guest101

Verticaldrop wrote: »

My daughter's tenancy is individual and fixed term under an Assured Shorthold Tenancy Agreement which ends on 31 August. She gave the subtenant a sublease agreement ending on 31 July together with an attached copy of her tenancy agreement to be incorporated into it. So, she will revert to being the tenant for the month of August.

Her tenancy was no subletting, but she did ask her landlord's permission to sublet in December which was given verbally, so she proceeded to sublet on that basis. The rent paid by the subtenant has been accepted by the LL via standing order from my wife’s current account, with her acting as our daughter’s agent while she’s abroad. The sublease deposit of £150.00 was paid to my wife's account on behalf of our daughter.

Thanks to everyone who's posted. Much appreciated.

Hopefully this being a student let, the above won't cause problems.

Just to clarify:
1: the LL hasn't accepted rent from subtenant, he's accepted rent from u
2: the deposit should probably be protected
3: if subtenant doesn't want to leave on 31st July, u will have to go to court to get a posession order.

Not trying to scare you, just so you're aware.