Sublet eviction without tenancy agreement

G_M

savingfortomorrow wrote: »

If you feel like burning a few bridges once she has paid you the money back, google the house address and see who rented it out and report her to the real land lord. You could get that info from land registry. If I owed a property that was illegally sublet,
there is nothing illegal about sub-letting.

where I had no ability to preform credit referencing
Why would you, the LL of the tenant, need to credit check the lodger/licencee? The lodger does not pay you rent, or have any contractual relationship with you.
or limit the number of residents, causing wear and tear, i would be grateful to know.
the tenant (as opposed to the lodger/licencee) is responsible to you for damage and unfair wear & tear. That's why most LLs take a deposit.
She was pocketing all the profit
what profit - she loses use of a room in return for rent. Just as you lose use of the property in return for rent. Your rent is unaffected.
while the landlord has to pay tax,
so does the lodger's landlord (your tenant), though in many cases HMRC do not require tax if it falls with the Rent a Room Scheme .
landlord insurance and a mortage.
what on earth has your mortgage got to do with anything????
I would drop her in it. One month notice over Xmas and new years is really like 2 weeks notice practically.

No, one month notice is...... one month notice.

savingfortomorrow

gm, the op stated "I rent from a lady who herself rents from an agency. She has a written tenancy agreement with the agency which I learned yesterday prohibits subletting the flat whole or in part."

and i am quoting from citizen advise uk "What action can your landlord take because of subletting?

In some circumstances it's acceptable to sublet your home, but you generally need your landlord's permission. Your landlord may take legal action against you if you sublet your home unlawfully. Unlawful subletting includes if you:

need your landlord's permission before subletting all or part of your home but don't get it
aren't allowed to sublet all or part of your home but you do so anyway.
In these circumstances, you'll probably have broken a term in your tenancy agreement and on that basis, your landlord can take action to evict you.

Certain social housing tenants may also commit a criminal offence if they unlawfully sublet their home and could be prosecuted under criminal law."

A landlord, namely the owner of the property would want to control who lives in a property if they have included a clause of no sub letting in the contract.

I agree wear and tear is covered by the deposit, however, illegal sub-letting increases risk of damage due to over occupation. The few hundred will not cover the replacements of carpets or paint as every home will be occupied for longer. The more people in an small flat, the more damage can occur.

Referring to the op's situation the tenant was outside of her contract.

The OP rented a room not aware this was done illegally. They are inconvenienced- why not make sure the property owner is made aware.

G_M

something that is 'illegal' is in contravention of a statute or (generally) criminal law.

there is no law in the UK that I know of that makes sub-letting illegal. However I'm always open to correction if you can link a relevant statute, law or regulation.

Of course, sub-letting may well be (and often is) a breach of contract (a civil matter, not criminal), but that does not make it illegal.

I note you quote CA as saying "Certain social housing tenants may also commit a criminal offence if they unlawfully sublet their home and could be prosecuted under criminal law."

OP did not give the impression this was social housing.

I'm intreagued by the quote though as that IS new to me. If anyone knows the basis of this illegality I'd be interested.....

pmlindyloo

http://www.legislation.gov.uk/ukpga/2013/3/enacted

Social Housing

If I am reading this correctly it is illegal and a criminal offence if the tenant sublets the whole or part of the accommodation without the landlord's permission and it is a particular kind of tenancy and the tenant no longer lives there. So doesn't apply in this case as the OP's landlord lives

In the OP's case it has not been established whether they are a sub tenant or a lodger.

If the OP has exclusive use of their room (ie the OP's landlord cannot enter without permission) and share accommodation then they are a sub tenant. if the OP's landlord can enter the room then they are a lodger.

To be honest, my understanding is that the OP has few rights in any case.

I think CAB's advice (adviceguide) is poorly written and does not make the distinction clear between when the LL lives in the property and when they don't.

However, I have to agree that a £1000 deposit appearsto suggest that the OP's rent would be quite high and over the threshold for the Rent a Room scheme and the OP's landlord may not be paying tax.

Also the landlord, from what the OP has said does appear to be in breach of their tenancy agreement.

Whether the OP wants to get involved in this is another matter. They are probably too busy finding somewhere else to live.

If I were the head landlord and hadn't given permission I would be somewhat peeved too.

G_M

Thanks for the link pmlinyloo. I was not aware of that leglislation as social housing is not my forte - alway good to learn.

But as you say, unlikely to be relevant here so far as we know, so 'illegality' is a red herring.

martindow

I think if I were the OP I would let the LL know what is going on - they may or may not know or care but I suspect that most LLs would like to be informed if they were unaware. I would also tell HMRC that the tenant is receiving income by subletting. It is quite likely that if she is happy to break terms in her lease she may well not bother to declare the profit she is making.

anselld

martindow wrote: »

I think if I were the OP I would let the LL know what is going on - they may or may not know or care but I suspect that most LLs would like to be informed if they were unaware. I would also tell HMRC that the tenant is receiving income by subletting. It is quite likely that if she is happy to break terms in her lease she may well not bother to declare the profit she is making.

No need to declare to HMRC unless room rent exceeds £4250 per year.

jasdev

Dredging up an old thread but felt like providing an update and soliciting advice from you stars.

Found a short-term let to move to and moving tomorrow.

Have been courteous and polite throughout the past few weeks knowing that I am financially dependent on the sub-landlord/flatmate returning the deposit I paid her (as I have also paid a deposit and six weeks' rent on the new place).

All the while she (the flatmate) has been leaving front and back doors open, turning the radiators off at every instance, putting all my belongings away into cupboards if it inconveniences me, knocking my things over in the bathroom, and throwing around my towels and the shared bath mats I bought for the flat.

She has also tried to force me out of the shared living room and kitchen one night this week by making it difficult for me to study in there, turning off the lights, opening the back door, and switching on the TV. I only asked her to switch the lights back on, and nothing else, but after she had finished cooking dinner she returned to her room so I was able to continue studying eventually.

I'm not quite sure this meets the legal definition for harassment as she is not exactly trying to make me leave sooner than planned, only trying to make my life unbearable here, but I'll be glad to see the back of her and sad to leave this nice home in a great area.

I don't know whether I ought to take photographs of the flat as it is, before leaving, just in case she does not refund the deposit in full or in part and claims I've damaged the flat, but I suppose that would be a good idea?

Person_one

Harassment?

You've p***ed her off by moving into her home and then 'refusing to compromise' on her very reasonable house rules and antagonising her.

As a result, you're getting kicked out and until you leave she is doing what she wants in her own home without much regard for what you want.

That's not harassment, that's natural consequences!

Just keep your head down, stay out of each other's way and be a bit more sensible in your new houseshare, especially if you're so sensitive that having your things put away in cupboards or 'knocked over' is enough to make your life unbearable!

ALIBOBSY

I would definately take plenty of pics and if you pay a share of the gas/electric rather than it being including in rent I would take meter readings as well.

I would prepare yourself for a fight over the deposit given what the "landlord" sounds like, but you may be pleasantly suprised.

Hope you have proof you gave her the deposit as you will need it if you have to go to court to recover it.

Good Luck and enjoy your new home, I remember how hard it was renting lol.

Ali x