Sublet without knowing - A complicated story

vasso

I'm trying to help a friend who is in a challenging situation.

She rented a room in a three bedroom flat from an agency a year ago. The fixed term agreement comes to an end in October and the agency gave her and the other lady who rents one of the rooms notice to leave by then. My friend called the landlord directly and asked her what her plans are i.e. she said to the landlord that she would like to stay if the landlord was planning to change agencies and continue to rent the rooms out. 

The landlord was furious and told her to leave immediately because the agency (which dissolved in Dec) sublet the property without her permission. According to her, she rented the flat to two women (not agency) without a subletting clause. 

My friend is confused what she needs to do. She would like to stay for the two month notice period and find somewhere else to move. If she finds something earlier, can she leave or is she still tied to her agreement with the agency? Also, can she ask her deposit directly from the deposit company based on the fact that the agency doesn't exist anymore and they have committed fraud?

Is there a lawyer or organisation/charity that she could ask for free legal advice? Thanks in advance.  

_Penny_Dreadful

vasso said:

I'm trying to help a friend who is in a challenging situation.

She rented a room in a three bedroom flat from an agency a year ago. The fixed term agreement comes to an end in October and the agency gave her and the other lady who rents one of the rooms notice to leave by then. My friend called the landlord directly and asked her what her plans are i.e. she said to the landlord that she would like to stay if the landlord was planning to change agencies and continue to rent the rooms out. 

The landlord was furious and told her to leave immediately because the agency (which dissolved in Dec) sublet the property without her permission. According to her, she rented the flat to two women (not agency) without a subletting clause. 

My friend is confused what she needs to do. She would like to stay for the two month notice period and find somewhere else to move. If she finds something earlier, can she leave or is she still tied to her agreement with the agency? Also, can she ask her deposit directly from the deposit company based on the fact that the agency doesn't exist anymore and they have committed fraud?

Is there a lawyer or organisation/charity that she could ask for free legal advice? Thanks in advance.  

Who is named as the landlord in your friend’s tenancy agreement? 

vasso

The agency with the two women is named as the landlord. The agency was dissolved in Dec without the tenants knowing about it

Mark_d

In my block of flats, an agency bought one of the flats and is subletting it - such that two people have their own bedrooms but share a lounge/kitchen etc.  This type of subletting is explicitly prohibited under our lease.  I've heard that this has been discussed with the agency, and that the agency hadn't read the lease when they bought the property.  They are apparently now looking to sell as soon as possible.
If this is the scenario your friend is in, I don't think she has the right to rent a room and arguably she never had that right to begin with.

Olinda99

if she is planning to leave in 2 months anyway she might as well stay until.then

_Penny_Dreadful

vasso said:

The agency with the two women is named as the landlord. The agency was dissolved in Dec without the tenants knowing about it

How did your friend know how to contact the furious owner? 

If it is the case the property was sublet without the head landlord’s permission then your friend still has some rights.  Assuming these two ladies who made up the agency didn’t live in the property with your friend then your friend has an Assured Shorthold Tenancy. 

Your friend can stay as long as her immediate landlord's tenancy continues – even if though they do not have the head landlord's permission to sublet.  Has the immediate landlord’s tenancy/contract been brought to an end legally? 

The head landlord will usually need to end the intermediate landlord's tenancy if they want the subtenant to leave. If the ladies/agency never lived in the property then they cannot have/have had an AST, some kind of contract will have been place though and your friends needs to find out if it has been legally ended  

Shelter is a housing charity that could help your friend. Councils often have a private rental team that may also be able to advise your friend.