Request to take on a lodger refused

jsyscotia

Hi
So I have finally started to deal with my finance issues (long story) ! Anyway I live in a flat with 1 double bedroom, 1 large lounge and a small study. I am struggling to meet the rent owing to my financial issues so I approached my letting agent to see if they could ask the landlord (who lives in China) if I could turn the lounge into a bedroom and get a sharer in and use the study as a lounge.
I have lived here for two years with no problems but my AST doesn't end until September 2019 and there is no break clause.

He has said no , I am not sure why exactly ? (or if this was on the advice of the letting agent) it is big enough as he lived in it previously with his wife and son. So I have gone back and asked what the repercussions will be if I have to leave early, I am aware I would need to cover the rent until it's re let, which I cannot afford to chance either.

So I either find somewhere cheaper and hope that a tenant can be found for this place or risk getting into rent arrears. I'm not sure which is the lesser of two evils or if I have any other options. I have thought about perhaps trying to contact the landlord directly to plead to his better nature but i'm not sure if I can do this ? The Letting agents are complete Bast&*ds so there is no point in trying to reason with them.

Any ideas ?

gettingtheresometime

Could it be the idea of turning the lounge into a bedroom that the landlord disagrees with rather than you having a lodger, using the study as the 2nd bedroom?

datlex

Probably because he has no guarantee of getting the money. Ask if you can have a co tenant who is jointly and separately liable for bills with proper checks and it might be a different response.

jsyscotia

There wouldn't be any structural changes to the lounge just furniture which isn't permanent. The study is a bit to small to use as a bedroom

Pixie5740

jsyscotia wrote: »

Hi
So I have finally started to deal with my finance issues (long story) ! Anyway I live in a flat with 1 double bedroom, 1 large lounge and a small study. I am struggling to meet the rent owing to my financial issues so I approached my letting agent to see if they could ask the landlord (who lives in China) if I could turn the lounge into a bedroom and get a sharer in and use the study as a lounge.
I have lived here for two years with no problems but my AST doesn't end until September 2019 and there is no break clause.

He has said no , I am not sure why exactly ? (or if this was on the advice of the letting agent) it is big enough as he lived in it previously with his wife and son. So I have gone back and asked what the repercussions will be if I have to leave early, I am aware I would need to cover the rent until it's re let, which I cannot afford to chance either.

So I either find somewhere cheaper and hope that a tenant can be found for this place or risk getting into rent arrears. I'm not sure which is the lesser of two evils or if I have any other options. I have thought about perhaps trying to contact the landlord directly to plead to his better nature but i'm not sure if I can do this ? The Letting agents are complete Bast&*ds so there is no point in trying to reason with them.

Any ideas ?

1) They are not your letting agent, you have no contract with them.

2) You are legally liable for paying rent until the end of your fixed term. The landlord may agree to an early surrender where you pay rent until the property can be re-let plus whatever other fees he chooses to add on but he is under no legal obligation to allow this.

3) You have the right under the Landlord & Tenant Act 1985 to request the landlord's contact details (in writing) from the letting agency and they must supply them within 21 days.

4) What's to stop you getting a lodger anyway?

G_M

I'm unsure why

1) you asked in the first place and
2) then queried the decision

All you have done is raise the matter in the LL and agent's minds, and all you've succeeded in doing is getting a written refusal.

Let's play devil's advocate:

* you now ignore them, move some furniture and advertise for a lodger
* you get a lodger, using all the usual lodger safeguards (see below)
* you start collecting their rent
* you pay your rent to the LL going forward, which you can now afford
* when and how will the LL/agent find out? How often and when do they inspect?
* when/if they find out, what will they do? They could:


a) do nothing - after all, the rent is coming in and the property is being cared for (you are looking after it yes?)
b) write you a snotty letter which you ignore
c) try to evict you. You have a contract till Sept 2019, so S21 cannot be used till then. LL could use S8 ground 12. It's discretionary and I'd be very surprised if a judge evicted you


* Lodgers: advice & links for landlords & lodgers

steampowered

The landlord is probably concerned about additional wear and tear to the property, or difficulty evicting the lodger.

If you can't afford the property, it might be better to try and negotiate an early surrender, and rent somewhere cheaper instead?

pmlindyloo

If your financial issues are debt then you should be seeking advice about these.

Rent is a priority before debts as you (eventually) can be evicted.

jsyscotia

I contacted the Agent as my lease says I need written permission from the landlord to sublet / lodger I have looked after the place and caused no issues since I moved in so didn’t see any reason for the request to be refused . If I had asked if a boyfriend could move in would I have got the same response?
The agent is based a few streets away they do come round a few times a year to check the place . They normally say we want to come round on xx date and if you’re not in we will use our set of keys , last time they only gave a few days notice and I was away . I fully understand that the landlord/ agents do not have to do anything in this situation I was just thinking that as I have been a good tenant and am now trying to be a bit pro active rather than going into rent arrears they would perhaps be a little bit amenable to helping .....obviously not

jsyscotia

4) id be in breach of my lease terms

Pixie5740

jsyscotia wrote: »

4) id be in breach of my lease terms

If a tree falls in the forest and there is no one around to hear it, does it make a sound?