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Should I stop paying my rent?

2

Comments

  • Comms69
    Comms69 Posts: 14,229 Forumite
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    sal_III wrote: »
    I'm sorry, do you have a copy of the master tenancy agreement to know whether it allows for lodgers? Or what type the OP agreement is t begin with.



    I don't need one. The tenant has exclusive use of the property. They can get a lodger if they wish. Lodgers are excluded occupiers, like any other guest.


    The OPs agreement is unlikely to make a different, they are an excluded occupier.


    Instead of arguing research it.
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    diggingdude wrote: »
    Personally I would be tempted to speak directly to who the rent is owed to and find out where you stand, I wouldn't trust the person you are renting from to show you a true tenancy agreement etc
    The rent is owed to the tenant.


    Not sure why this is so difficult to grasp.


    You wouldn't contact the mortgage lender and make payments directly to them...
  • sal_III
    sal_III Posts: 1,953 Forumite
    First Anniversary First Post
    Comms69 wrote: »
    I don't need one. The tenant has exclusive use of the property. They can get a lodger if they wish. Lodgers are excluded occupiers, like any other guest.


    The OPs agreement is unlikely to make a different, they are an excluded occupier.


    Instead of arguing research it.
    I did:
    https://www.citizensadvice.org.uk/housing/renting-a-home/subletting-and-lodging/lodging/rights-of-tenants-to-take-in-a-lodger/
    What rights do assured and assured shorthold tenants have to take in a lodger?
    If you are an assured or assured shorthold tenant, you should check your tenancy agreement. It may allow you to have a lodger, allow it on certain conditions, or forbid it completely.
  • consumer23
    consumer23 Posts: 32 Forumite
    @hampshireh:The tenant sub lets the property and you rent off the "Sub letter" - yes
    @need an answer: no, I have no tenancy agreement.
    @sal_3: I am not sure the owners care if tenant subletting is doing this or not. They are aware I live there but so do the family of the sub letting tenant. They might think I'm a part of subletters family they might not. In all honesty I think they just want the rent for the whole property each month.

    I was thinking of contacting the Landlord to see if they can spare evicting me as I have been and would continue to be a paying tenant.
  • consumer23
    consumer23 Posts: 32 Forumite
    The other thing I forgot to mention was that the tenant I am submitting off is on holiday and has not read the letter yet. I am waiting to see how he reacts to it upon his return
  • Comms69
    Comms69 Posts: 14,229 Forumite
    Name Dropper First Anniversary First Post
    sal_III wrote: »
    I did:
    https://www.citizensadvice.org.uk/housing/renting-a-home/subletting-and-lodging/lodging/rights-of-tenants-to-take-in-a-lodger/



    right, and? None of that changes the position that a tenant can get a lodger. The LL may decide to take action against him or her for breach of tenancy, but that has NO BEARING on the tenant / lodger agreement.


    It's not illegal to take a lodger, no matter what your tenancy says.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    Name Dropper First Anniversary First Post
    consumer23 wrote: »
    @hampshireh:The tenant sub lets the property and you rent off the "Sub letter" - yes
    @need an answer: no, I have no tenancy agreement.
    @sal_3: I am not sure the owners care if tenant subletting is doing this or not. They are aware I live there but so do the family of the sub letting tenant. They might think I'm a part of subletters family they might not. In all honesty I think they just want the rent for the whole property each month.

    I was thinking of contacting the Landlord to see if they can spare evicting me as I have been and would continue to be a paying tenant.


    Does he live with you? If so, he is not subletting. Since you are expecting him back i'll assume he lives there.


    You have a verbal agreement.


    By all means contact them and see if you can take over the tenancy once the tenant is evicted.
  • InterestedParty2018
    InterestedParty2018 Posts: 134 Forumite
    Do you want to move, or do you want to stay?

    You will have rights to protect the roof over your head, but do you really want to be in that environment?

    Move on, get somewhere with your own tenancy agreement directly with a landlord.

    FYI - whilst your landlord's obligation to pay their landlord rent is not being fulfilled, this has nothing to do with you. With proof of ownership (belongings), the bailiffs will not take your personal items, but do you really want all this hassle?
  • G_M
    G_M Posts: 51,977 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    It's not clear, but I believe the term 'sub letter' is inaccurate. My understanding is that

    A owns a property and lets it to B (his tenant).
    B has a lodger C (the OP). B is C's landlord.
    C is an 'excluded occupier' with little protection and few rights.

    Correct or not?

    No one is 'sub letting' (except perhaps B in a loose sense by having a lodger) but no sub-tenancy is created.

    (or is there a 4th party who is genuinely sub-letting?)

    A can and will evict B for rent arrears soon. When B is evicted, C will be evicted too.

    Whether in the meantime C continues to pay rent to B is a choice:
    * what B does (or does not) do with C's rent is irrelevant to the contract between B & C. If C stops paying rent, B is likely to evict him.
    * if C continues to pay rent, and B & C are both evicted by A, C's rent will likely be lost

    So C has 3 choices:
    1) find somewhere else and move asap, telling B to keep the deposit to cover the last week/months rent
    2) stop paying B the rent and get evicted
    3) speak to A (the owner) and try to negotiate a brand new AST in C's sole name, to commence as soon as A evicts B

    4) bury head in sand and do nothing
  • bigisi
    bigisi Posts: 925 Forumite
    InterestedParty2018 wrote: »
    Do you want to move, or do you want to stay?

    You will have rights to protect the roof over your head, but do you really want to be in that environment?

    Move on, get somewhere with your own tenancy agreement directly with a landlord.

    FYI - whilst your landlord's obligation to pay their landlord rent is not being fulfilled, this has nothing to do with you. With proof of ownership (belongings), the bailiffs will not take your personal items, but do you really want all this hassle?

    Why are you dragging up month old threads where the OP hasn't returned?
This discussion has been closed.
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