Money Moral Dilemma: Should I keep paying rent?

Rosiepompom

This will be a lesson to you in sub-letting! It’s more or less a given that if you rent a place you can’t sub-let. Landlords have a right to check exactly who is living in their property and carry out appropriate reference checks etc. By knowingly signing up to a sub-let you made yourself vulnerable to this situation

Rosiepompom

And... what’s to stop you getting in touch with the landlord and paying him directly. This scammer can get away with not paying rent to the landlord for months - the law is not in favour of landlords. This will give you a chance to put a wring right and perhaps he’ll decide to keep you on as a tenant.

WhoamI

Coukd you try offering to pay direct to the landlord? If you would be interested in renting directly yourself, it could be a good point in your favour. Unless the sublet was not authorised?

Comms69

Rosiepompom wrote: »

And... what’s to stop you getting in touch with the landlord and paying him directly. This scammer can get away with not paying rent to the landlord for months - the law is not in favour of landlords. This will give you a chance to put a wring right and perhaps he’ll decide to keep you on as a tenant.

Because the LL is nothing to do with it...

It’s like a tenant paying direct to the mortgage company...

crmism

By the sound of things your contract was with the tenant, assuming you entered into a tenancy agreement with him but, even so, he might not have been permitted to sub-let and in all probability the landlord knew nothing about it or you. Your position seems very shaky at best.

If you're able to, get in touch with the landlord and explain the situation; he or she might sympathize with your predicament. If you can't do that, pop along to your Citizens Advice Bureau, where someone with better knowledge can help tell you where you stand. At worst, you'll have to take legal advice from a solicitor who deals with property law. Whatever you do, don't do nothing.

happyinflorida

did you know that the person you're paying for rent is subletting the place you're living in?


if yes, then did you ask for proof that they've got permission from the owner or whoever they are renting from?


if you didn't, then you've let yourself get into a real tangled web and stand to lose your deposit and rent money and any chance of getting anywhere with this one!


if you didn't, then look at above answers for help and good luck.


I would stop paying rent immediately and contact the person you've been paying to ask for your deposit back as you've found out they're not paying your rent to the right person and you face losing your home.

Savvy_Sue

Rosiepompom wrote: »

And... what’s to stop you getting in touch with the landlord and paying him directly. This scammer can get away with not paying rent to the landlord for months - the law is not in favour of landlords. This will give you a chance to put a wring right and perhaps he’ll decide to keep you on as a tenant.

WhoamI wrote: »

Coukd you try offering to pay direct to the landlord? If you would be interested in renting directly yourself, it could be a good point in your favour. Unless the sublet was not authorised?

These are possibilities if it's a private let, but see below.

Comms69 wrote: »

Because the LL is nothing to do with it...

It’s like a tenant paying direct to the mortgage company...

not quite the same. If it's a private landlord, and they're evicting the current tenant, then they're likely to want a new tenant. If the sub-letter has behaved as a good tenant, then why would they not consider them? They will, though, carry out the normal pre-letting checks, probably including affordability.

HOWEVER, this just won't work with a social landlord, because their letting criteria are very strict, based on need and eligibility.

Kynthia

This should have been posted into the Buying, Renting and Selling board as there's knowledge needed on tenancy law and the difference between a tenant and a lodger.

If the OP is renting a room while their landlord lives there too then they are not subletting but are most likely a lodger. This is very different to being a tenant themselves. Getting a lodger is not usually something a landlord can prevent their tenant from doing. It is not ilkegal and not cause for eviction.

This letter from the main landlord hasn't been explained in detail. Is it a section 21 notice, the first step in eviction, or just a chased letter? Does it specify the level of outstanding arrears or when they were for? Does it show whether the tenant has paid no rent at all or has been making some payments? For all we know the tenant was struggling and has now got a lodger in an attempt to increase their income and pay the landlord what they owe?

If the OP is a tenant then they can't just not pay their rent. They legally owe it regardless of whether it's being forwarded on. If they had proof their landlord was being evicted which would result in tgeir eviction, then maybe a judge would be sympathetic to them withholding a month's rent to use as a deposit elsewhere or as a cushion in case they don't receive their appropriate notice. I don't think the OP has this.

gaving7095

As usual no "moral dilemma" here. DO pay rent, but to somebody else. Find a new place ASAP.

minicooper272

First of all, I’d contact the landlord and explain the situation – they may be willing to let you stay on in the original tenants place (but you may need to pay letting fees).

I would also cease paying rent to the on-paper tenant, and just in case, I’d check for other places to stay.

Really it’s the landlord whose money has been pocketed here, I don’t think you have any recourse to reclaim your unpaid rent back, but it could be worth a visit to the citizens advice beurau to double check that (since they’ve breached the contract they had with you)