Can I rent out a already rented flat?

r4zi3l_1

I was wondering if someone has been in this strange scenario.

Basically I am renting a flat through an Estate Agent, I am tied in to the flat via a contract but I wish to get out of the contract. I have been living in my flat for around 6 months now but due to family commitments I need to return back home, therefore I have 6 months left on my flat.

I was thinking of possibly renting out the flat to someone else but was not sure whether this is illegal or a damn right silly idea.

Any ideas anyone?

sleepy

That's called subletting and is probably not allowed in your contract (mine states you're not allowed to sublet). Have you tried contacting the estate agents/landlord and explaining the situation to them,may may be reasonable.

elvis_bloggs

I think that is called sub-letting and if you signed a contract there may be something in it about "sub-letting".

Lemoncurd

Are you definitely tied to your contract for a year? the last few contracts we had were for a year but we could leave after six months (as long as we gave two months notice).

Debt_Free_Chick

I would be very surprised if you have anything but an Assured Tenancy. Check the contract and all the papers you have very carefully. An Assured Tenancy usually runs for a minimum of 6 months and after that, either you or the Landlord, can simply give notice to quit, usually 2 months.

So check the contract again very carefully ....

november

Agreeing with debt free chick but thinking she means an Assured Shorthold Tenancy rather than an Assured

An assured shorthold runs for a fixed term (minimum 6 months although 6 months or a year are common). You can give notice to leave at the end of that period - legislation says the landlord must give 2 months - unless it states otherwise tenants give one month's notice. edited to clarify By that I mean you give notice before the end of the fixed period to leave at the end of the fixed period.

You are liable for the rent for the whole period of the fixed term of the contract you signed, so if your contract says a year its a year. However some letting agents/landlords will release you from your contract if YOU can find them someone else who wants to rent it from the letting agent (not from you). Generally speaking subcontracting is not allowed and your contract will probably say that. That is because the contract is between the letting agent/landlord (whichever it says) and you.

lush_walrus

Check your contract, most have a six month break clause in them. If you do then chances are you can give one months notice. If not you could try to play on the agent/landlords human side and see if you can get out of the contract

VickyA_2

Depends on the letting agent. The house that we're renting currently had been lived in by the previous tenant for 3 months. Her circumstances changed and so she wanted to pull out of the agreement - this was only allowed if another tenant could be found by the letting agent. One month later, we moved in. However, if another tenant couldn't have been found, she would have been liable for the rent for the rest of the 6 month contract - whether she lived here or not.

roger56

One useful bit of advice on 6 month assured shorthold tenancy agreements.
When it comes up for renewal you most likely get asked to renew it for another 6 months (and pay the estate agents fee).
Go back to the agent or landlord and ask for the let to change to periodic. Usually that means the landlord gives you 2 months notice and you can give 1 months notice.
Sorting life into 6 month blocks is not logical.

Also this info from the Office of Fair Trading is very helpful on checking your tenancy agreement is fair - just because it says something in the agreement doesn't mean it is legal even if you sign it.

Go here and download the short leaflet on Unfair Tenancy Terms and check your agreement meets the regulations:
http://www.oft.gov.uk/Consumer/Unfair+terms+in+contracts/guidance.htm
If your agreement is unfair, the OFT like to hear from you so they can get agreements fair and within the regulations.

Also if you need help in dealing with disputes download this 2 page code of practice guide - whilst it's meant for ARLA registered estate agents, what it explains is very applicable to everyone renting:
http://www.arla.co.uk/info/codeofpractice.htm

Natelle_2

r4zi3l_1 wrote:

I was wondering if someone has been in this strange scenario.

Basically I am renting a flat through an Estate Agent, I am tied in to the flat via a contract but I wish to get out of the contract. I have been living in my flat for around 6 months now but due to family commitments I need to return back home, therefore I have 6 months left on my flat.

I was thinking of possibly renting out the flat to someone else but was not sure whether this is illegal or a damn right silly idea.

Any ideas anyone?

A short answer to your question is look for a paragraph similar to this in your Assured Shorthold Tenancy
"Not to assign the benefit of this Agreement or sub-let or take in lodgers or paying guests or otherwise part with possession of the whole or any part of the Property but to keep the Property in the occupation of the Tenant only as a single residence."
A point to consider if you were thinking of returning to home whilst still renting the flat is that your tenancy agreement may also include a paragraph similar to this
"Not to leave the Property vacant or unoccupied for a period in excess of 28 consecutive days without first giving notice to the Landlord."

Check your tenancy terms thoroughly, was it for 6 months or 12 months?

r4zi3l

Thank you for all your responses people. All responses have been very useful.

I have looked through my contract and yes it is a Assured Shorthold Tenancy Agreement.

One of the many lines in the contract that confuses me is under the heading of THE LANDLORDS AGENT. It says This Agreement is intended to create an Assured Shorthold Tenancy as defined in Part 1 of the Housing Act 1988 (including any subsequent amendments). These tenancies do not guarantee the tenant any right to remain in possession after the fixed term (subject to a minimum occupancy of six months)

However under the section TERM it says The term shall be for a definite period of 12 months from 29 november 2004 and including 29 November 2004 to 28 November 2005 and including November 2005.

Does this line mean that my minimum stated time in the property is 6 months or 12 months?

Under the heading ENDING THE TENANCY: Its says that if the tenant intends to vacate at the end of the fixed term or at any later date, he must give the landlord at least one months notice in writing. While the tenancy is periodic notice must be given and must expire the day before a rent due date.

Incidentally there is a line in the contract saying that not leave property vacant for more than 28 days

I personally think the landlord has the ability to bring the tenancy to an end after the fixed term (being 6 months) but not me, not 100% sure though because of what it says under the heading ENDING THE TENANCY.