Flatmate's Mum is trying to stop me subletting!

wave1

Hi All,
Longtime lurker but new poster here!
TLDR Can a flatmate veto a subletting of my room?

I’ve recently come into a fairly awkward/interesting issue with my flat that I was renting with a friend from University while we were both studying for different degrees at the same university. With bills this was costing us both about £800 a month each (which for a student is not a small investment!) We are on a 12-month contract until mid-August but that's where my problems have begun. Just before Christmas, I made the decision that I needed to get a “real job” and stop messing about in the arts and keep it as an expensive hobby. I found a position as a form of apprentice for three years where I split my time between a degree near Blackpool and actually being at work somewhere in the world. It’s great and I am really enjoying it.

Since then I have been paying for this flat in London which is bleeding me dry financially on less than apprentice wages! My flatmate has found another person he would be prepared to live with (as I didn't want to put him in an awkward position living with a stranger) but his mother, who is his guarantor and provided his deposit, is insisting that this person cannot move in as he smokes socially. I have met him, like him and trust that he will not smoke in the property. We have a balcony which other flats use for smoking and I assume that he will too. He has promised he won’t smoke and says he never has in a flat/house so I would be delighted to sublet to him. I have permission from the Landlords upon references, have the references, a fairly bulletproof-looking subtenancy agreement and he is keen to move in ASAP.

Can he/his mother veto the move? I understand that I am responsible for this subtenant and for the flat but don’t want to end up in court etc! I don't fancy spending another £3200 pounds on a flat I don't live in.

Thanks all

Wave

maninthestreet

Not without a court order - which is going to difficult to get if the mother is not party to the tenancy agreement.

G_M

If the landlord is happy, and both joint tenants (you and flamate) are happy, then no, flatmate's mum cannot veto the new person moving in.

However, depending on the terms of the guarantee agreement, her liability as guarantor might be invalidated (which would of course be to her advantage).

Is

* the new person going to take over your position as joint tenant in the existing agreement ('assignment'), or
* become a joint tenant (with your flatmate) in a brand new tenancy agreement (early surrender + new contract), or
* move in as a lodger (with your flatmate neing her landlord)

??

wave1

I feel terrible doing it, but I've told him that the new bloke is moving in next week. His mother is demanding all sorts of information from the landlord, such as a statement in writing that they are happy having a smoker living in their property. Couldn't make it up really. You wouldn't believe we are both in our early twenties and not 12!

wave1

The new person will be moving in a subtenant with me as sublandlord (I believe are the correct terms). The tenancy agreement will remain the same and I will remain liable for the rent etc. He will have a subtenancy agreement which details that he has to follow the main agreement and is provided with a copy with a couple of other clauses on the subtenancy agreement such as a slightly reduced rent and a different payment day.

G_M

wave1 wrote: »

The new person will be moving in a subtenant with me as sublandlord (I believe are the correct terms). The tenancy agreement will remain the same and I will remain liable for the rent etc. He will have a subtenancy agreement which details that he has to follow the main agreement and is provided with a copy with a couple of other clauses on the subtenancy agreement such as a slightly reduced rent and a different payment day.

You do understand, then, that you will be his landlord? That means you are responsible for all the legal obligations of a landlord?

For example, you must give him
* government leaflet "how to rent"
* EPC
* Gas Safety Certificate if there's gas

You must also declare the rent you receive to HMRC for tax purposes.

If he pays a deposit, you must ensure it is registered in a deposit scheme (it is not enough that your deposit is registered, as he has a separate tenancy which is between you and him).

Etc.

This is not an ideal way to arrange his taking over your room. For more on your responsibilities as his landlord, see


* New landlords: advice, information & links

Norman_Castle

wave1 wrote: »

His mother is demanding all sorts of information from the landlord, such as a statement in writing that they are happy having a smoker living in their property.

Has she said why she objects? Has she paid the deposit and is worried this will not be returned due to redecoration?

Pixie5740

You need to understand that as joint tenants you have joint and several liability for the whole rent, there's no such thing legally as your share. Therefore any guarantor is really guaranteeing all joint tenants. I can understand why your flatmate's mother is nervous about a new flatemate coming in.

Sounds like the whole thing is getting incredibly messy if this is a joint tenancy. How can the incoming person being a sub-tenant when one of the joint tenants (landlords) will also be living in the property. A deed of variation would be much neater.

Miss_Samantha

It seems you are joint-tenants so the new person would be a lodger of both you and your flatmate and the agreement should be drafted accordingly. (no need to 'how to rent' booklet, etc)

The mother is right and hopefully she will talk sense into your flatmate.

Sparx

If you're landlord is happy subject to references etc. Why don't you just ask for his permission for your release early, then allow him to takeover until end of term? Much cleaner if LL is already happy...

wave1

Thank you all for your very speedy replies. It has created a number of questions and issues that I had not fully considered and some advice I was given on the subject seems to be incorrect following some further digging.

I am not entirely sure what to do now, though. It is a joint tenancy which was initially set up through Purple Bricks and they collect the rent. They do not, however, manage the property. I am not sure that the early release is going to be an option and I can see my flat-mate and his family having an even larger problem with that.

My aim is to have this new person live in the flat and my room for the remaining four and a half months of the contract with as little fuss and legal loopholes as possible. Not entirely sure where to turn now!