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Subletting on an unregulated tenancy?
PBA
Posts: 1,521 Forumite
Just after a bit of advice if this is possible.
A friend of mine lives in a rented property where she has been for many years. The tenancy was agreed on a handshake and there is nothing at all in writing. My friend is looking to move to a different part of the country, but she is concerned that if things don't work out she wouldn't be able to afford to move back as then she would have to pay full market rent. Obviously the landlord would be very happy if she moves out as they will be able to charge full market rent to a new tenant, although the property needs a fair bit of refurbishment before this would happen.
An ideal solution appears to be that I can move into the property when she moves away. Then if things don't work out for her I'd be happy to move back out so she can get the property back. Effectively she'd still be renting the property and paying the landlord herself but then subletting to me. Is there any way though that the landlord could legally object to this arrangement and look to retain possession on the basis that the original tenant had left?
A friend of mine lives in a rented property where she has been for many years. The tenancy was agreed on a handshake and there is nothing at all in writing. My friend is looking to move to a different part of the country, but she is concerned that if things don't work out she wouldn't be able to afford to move back as then she would have to pay full market rent. Obviously the landlord would be very happy if she moves out as they will be able to charge full market rent to a new tenant, although the property needs a fair bit of refurbishment before this would happen.
An ideal solution appears to be that I can move into the property when she moves away. Then if things don't work out for her I'd be happy to move back out so she can get the property back. Effectively she'd still be renting the property and paying the landlord herself but then subletting to me. Is there any way though that the landlord could legally object to this arrangement and look to retain possession on the basis that the original tenant had left?
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Comments
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She is a tenant and has to live in the property.
The landlord can object and go to court to get possession of the property back.:footie:
Regular savers earn 6% interest (HSBC, First Direct, M&S) Loans cost 2.9% per year (Nationwide) = FREE money. 0 -
you are misusing terms, it is not an "unregulated" tenancy, it is merely an undocumented tenancy.
A regulated tenancy is a very specific form of tenancy that existed from before 15 Jan 1989. There is no such thing as an "unregulated" tenancy, except in so far as the everyday meaning of the word, ie everything that is not regulated is "unregulated"
your friend has a verbal tenancy contract whose conditions will be decided by court if either side gets into dispute and needs to sort it out. There is patently neither permission nor prohibition upon your friend sub letting.0 -
Thanks for the advice, and apologies for muddling the terms. There's no way the landlord would be happy with the arrangement so sounds like it's not worth pursuing.0
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If your friend is that concerned then is the move really a good idea? Or could she spend a period in the new area while keeping her current tenancy going, say for a month while she decides whether she wants to stay? She'd have to pay for two lots of accommodation but it might work out cheaper in the long run if she does decide the move isn't for her.0
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