Can a tenant sub-let an entire property?

SanguineSteve

Hi all,

I have reason to believe that my mother's neighbor is sub-letting his entire property.

He is a tenant. We know the landlady. My mother says that she rarely sees him (the tenant) anymore, if she does it's fleeting. No more than an hour or two at the property before disappearing for a week or so.

When he's not there, there has been a steady stream of 'friends' (perfectly nice people, apparently) staying from all over the world. And different cars parked in the drive very week.

So, after a quick look on Airbnb, i found what i am 99.9% sure is the property is question, being let out as a whole property for holiday rentals.

Now, after a dig around the internet, i am left totally confused. I was sure it would be illegal to sublet, it's certainly forbidden in any AST i have signed. However, there seems to have been some movement in the spring of this year which gave more freedom for landlords/tenants to let/sublet for short periods.

Anyone have a proper grasp of this situation?

My mother knows the landlord personally and is worried that her tenant is in breach of his tenancy by making a business out of it. Is it illegal or just downright dishonest?

I want to be able to know the facts before any accusations are made as my mother is on her own most of the time and I wouldn't want her to have to deal with any nastiness if the tenant were to be evicted.

SS

csgohan4

SanguineSteve wrote: »

Hi all,

I have reason to believe that my mother's neighbor is sub-letting his entire property.

He is a tenant. We know the landlady. My mother says that she rarely sees him (the tenant) anymore, if she does it's fleeting. No more than an hour or two at the property before disappearing for a week or so.

When he's not there, there has been a steady stream of 'friends' (perfectly nice people, apparently) staying from all over the world. And different cars parked in the drive very week.

So, after a quick look on Airbnb, i found what i am 99.9% sure is the property is question, being let out as a whole property for holiday rentals.

Now, after a dig around the internet, i am left totally confused. I was sure it would be illegal to sublet, it's certainly forbidden in any AST i have signed. However, there seems to have been some movement in the spring of this year which gave more freedom for landlords/tenants to let/sublet for short periods.

Anyone have a proper grasp of this situation?

My mother knows the landlord personally and is worried that her tenant is in breach of his tenancy by making a business out of it. Is it illegal or just downright dishonest?

I want to be able to know the facts before any accusations are made as my mother is on her own most of the time and I wouldn't want her to have to deal with any nastiness if the tenant were to be evicted.

SS

Instead of speculating, why don't you ask the landlord if that is the case.

Pixie5740

No it's not illegal to sublet a property. It might be against the terms and conditions of the tenancy agreement but it's not something you can be chucked in jail for.

His tenancy agreement might let him sublet the property or he might have an agreement with his landlord to sublet. You just don't know.

Is there a particular reason your mother wants to stick her neb in? Are the subtenants or tenant causing a nuisance? Does she think her friend the landlord is being fleeced in some way?

SanguineSteve

"Instead of speculating, why don't you ask the landlord if that is the case."

Because, it could cause alot of fuss either way.

"Is there a particular reason your mother wants to stick her neb in? Are the subtenants or tenant causing a nuisance? Does she think her friend the landlord is being fleeced in some way?"

While not a nuisance in an ASBO way, my mother says she feels like she's living in a hotel. It's semi-detached, so she can hear alot of what's going on in there, and being a new set of people, sometimes families with young children, every week/weekend makes her uncomfortable.

Wouldn't you feel uneasy about that, in a place you have lived most of your adult life?

And, since finding the ad on Airbnb, if the occupancy was even as much as 50%, there will be a significant profit being turned going by the AST rental price in the area.

She's known the landlady for years (she lived in the property for about 10 years) and IS worried she's being taken advantage of, yes.


I know this sounds like 'nosey old bat' syndrome, but she genuinely does care. As do i, by proxy. I am just trying to work out what the consequences could be as it will help me advise her whether or not to say something (or just look the other way)

theartfullodger

If you wish to make the sub-letters life "interesting" (as said, nothing illegal against subletting as such, the tenancy agreement may allow it) is to report him to HMRC for all that lovely rental income he's getting & DWP so any benefits can be adjusted to reflect. Or maybe just have a chat with him about that possibility...

agrinnall

I'm wondering why you think this is any of your business, or even your mother's, and if you do why you're not prepared to do anything about it. Both or neither would seem to be the way to behave.

SanguineSteve wrote: »

I was sure it would be illegal to sublet, it's certainly forbidden in any AST i have signed.

Do you not understand the difference between "illegal" and "against the terms of a contract"? I suggest a bit of self education would be in order. Perhaps that would be a more valuable use of your time than what you're wasting it on at the moment.

Guest101

SanguineSteve wrote: »

"Instead of speculating, why don't you ask the landlord if that is the case."

Because, it could cause alot of fuss either way. - Well that's the only way you'll know for sure.

"Is there a particular reason your mother wants to stick her neb in? Are the subtenants or tenant causing a nuisance? Does she think her friend the landlord is being fleeced in some way?"

While not a nuisance in an ASBO way, my mother says she feels like she's living in a hotel. It's semi-detached, so she can hear alot of what's going on in there, and being a new set of people, sometimes families with young children, every week/weekend makes her uncomfortable. - That's unfortunate, perhaps she needs a detached property.

Wouldn't you feel uneasy about that, in a place you have lived most of your adult life? - No

And, since finding the ad on Airbnb, if the occupancy was even as much as 50%, there will be a significant profit being turned going by the AST rental price in the area. - And that's a problem because?

She's known the landlady for years (she lived in the property for about 10 years) and IS worried she's being taken advantage of, yes. - In what way? Is the LL not getting her rent? Is the property damaged and the tenant refusing to repair? Just curious where the 'advantage' is?


I know this sounds like 'nosey old bat' syndrome, but she genuinely does care. As do i, by proxy. I am just trying to work out what the consequences could be as it will help me advise her whether or not to say something (or just look the other way)

Consequences? Well the tenant might be evicted, or they might have permission

SanguineSteve

I can see from the replies that everyone here has an outlook on it different to my own. So, i guess that's my problem.

I'm soon to be a landlord (perhaps this is a massive mistake), i'd want to know if my tenant was doing this, or breaching the agreement in any other way. Otherwise, what's the point in the process of vetting tenants if they are able to sub-let to anyone with relative impunity?

If the place get's trashed/turned over by a rogue airbnb'er, the named tenant can seemingly just walk away.

Ignoring this exact case, It just seems unfair/unjust to me that a tenant can take risks with property, that is not their own, with very little actual risk to themselves. That this has concerned me and has been met with a general shrug of the shoulders from the respondents in here saddens me and just makes me think i'm not cut out to be a landlord.

I think for the sake of my mother's sanity (and mine, i'm the one that has listen to her....) i need to convince her that it's actually none of our business and that she should do her best to ignore it and get on with her life.

davidmcn

SanguineSteve wrote: »

If the place get's trashed/turned over by a rogue airbnb'er, the named tenant can seemingly just walk away.

What makes you think that? It would have exactly the same consequences for the tenant as if they trashed it themselves.

Mojisola

SanguineSteve wrote: »

My mother knows the landlord personally

How will your mother feel when the LL finds out? Would the LL expect your mother to have a word with her after seeing all the different people next door?

PlutoinCapricorn

I agree that this is not good from the landlord's point of view - assuming that they don't know and would be upset if they did. If I were a landlord, I would expect the tenant that I selected and vetted to remain in residence. If I wanted a string of B & B people, I would advertise the property as such.

However, it is up to the landlord to keep a discreet eye on their property: surely they must know that such things can happen.