LETTINGS
MY TENANT IS SUB-LETTING: WHAT DO I DO?
How to make a difficult situation, less awkward.
So your tenants are sub-letting, an unpleasant predicament to find yourself in as a landlord. Ok, it’s not technically harming anyone, but sub-letting does come with complications and mostly it’s just not as straightforward as you or your tenants might think.
We aren’t here to pick on all of you lovely renters out there. You are the reason we exist after all, but it might just be one big case of misunderstanding when it comes to sub-letting and we’re here to help clarify a few things.
Sublettings: The ins and outs
Subletting is where your tenant begins taking rent from someone who is not included in the original tenancy agreement. Essentially the secondary renter has no legal agreement with the landlord and in turn, has no legal rights to reside in the property. We know, we know – we’re riding on the side of bleak, but most of us simply don’t know just how risky the knock-on effects of subletting can be.
Consider the circumstances
Not all sub-letting is fraught with deviance and secretism. Sometimes people’s circumstances change; your renting singleton may well become a pair, for example. In such a circumstance you might even consider inviting their partner/sub-letter to draw up a new agreement. Then of course there are the more complicated situations, such as your original tenant subletting your home to a group of other renters. The best thing is to understand your tenant’s reasons.
BELondon | November 2016 10
Take Note: never accept payment direct from a sub-tenant, as this would be a form of consenting to a new tenancy agreement with them.
Circumstances and actions aside, it can be an incredibly awkward (and even mentally straining) situation. A trained letting agent has all of the legal knowledge you will need to ensure that situations like this are not just dealt with, but don’t arise in the first place.
bairstoweves.co.uk What to do
So, now you’ve considered your options and have decided to act, but what is the best course of action to avoid a messy dispute? Here is the general protocol (all of which a successful lettings agent can take care of):
• The sub-tenant stays;
if the sub-tenant is willing to negotiate a new contract, whereby they too become an official tenant, then your lettings agent can draw up a new contract and they then both become legally liable for rent, utilities, damages etc.
• Time to go;
If you’re still adamant on removing the tenant/sub-tenants, your agent will likely encourage your original tenant to remove the sub-tenant(s) on their own accord, or warn to serve and eviction notice, due to a breach in contract.
• Legal action;
The tenant can be served with a Section 8 on Ground 12. This is an official court order to give you the legal rights to do as was warned.
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