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View Full Version : Subletting question *help pleae*



BL5
09-02-2010, 22:31 PM
Ok first off is it legal in the UK too fully sublet a property without the original tenant living there atall?

I take it id have too get written permisson off the landlord? If he agrees is there anything else stoppong me i.e legal reasons?

So really what i'm asking is if i let a property off a landlord through a letting agent etc, knowing full well i was going too sublet straight away and getting there permisson would there be anything stopping me from subletting it at weekends and for short stay business trips (shorter lets)?

Going into more detail would there be any h&s regulations aside form the usual too do this?

Any help appreciated.

jta
09-02-2010, 22:33 PM
Do you actually intend to live in the property?

BL5
09-02-2010, 22:53 PM
No...........

jta
09-02-2010, 22:57 PM
Then any agreement you made with anybody else would automatically make them the tenant, with tenure of a minimum six months.
I can't see any LL allowing this sort of arrangement anyway.

BL5
09-02-2010, 22:59 PM
No i wouldnt be.

BL5
09-02-2010, 23:08 PM
Would this not make them a subtenant regardless of how long there "tenancy" was?

Why would the tenure have too be a minimum of six months?

The basic jist is that i own apartments in Leeds and through contacts i have a steady flow of short stay business people who i rent too normally monday through too thursday, then at weekend i rent the apartment's out as an alternative too a hotel, meaning i make a larger income rather than just simply letting through a long term AST?

I want too expand my portfolio too keep up with demand, and one way in which i was looking at was too rent from a landlord then sublet.

Hence the questions.

Thankyou

jta
09-02-2010, 23:43 PM
Since you already have some flats and are a landlord, I suppose you could rent as a company and then do what you like with them, but you surely must know that, unless it is a holiday let, you are creating conditions where the incoming tenant could claim that he has an AST, therefore making it impossible to start eviction proceedings for at least the first six months.
Do you take deposits, are they protected? If you do and they are not protected you cannot even use a S21 to give notice.
If you need to get answers to this from a public forum then you should probably do a bit more research.

TopNotch
10-02-2010, 11:48 AM
Why not get a short term lease agreement which allows you to sub-let the property and collect rent from your tenant.

You would of course be liable for all Council tax and the additional wear & tear due to the constant stream of tenants

westminster
10-02-2010, 11:59 AM
Ok first off is it legal in the UK too fully sublet a property without the original tenant living there atall?

I take it id have too get written permisson off the landlord? If he agrees is there anything else stoppong me i.e legal reasons?
You can sublet if you have permission from the owner-landlord in the contract to do so. But the contract you had with the owner-landlord wouldn't be an AST because you wouldn't be living there. It'd be a common-law tenancy.


would there be anything stopping me from subletting it at weekends and for short stay business trips (shorter lets)?
No, but it might be classed as a 'holiday let' type letting as the occupants wouldn't be living there as their main residence, so you'd need to research the laws/regulations/tax implications for that.

dominic
10-02-2010, 12:09 PM
But the contract you had with the owner-landlord wouldn't be an AST because you wouldn't be living there. It'd be a common-law tenancy.

And this is the real legal issue, as the sub-TA (being an AST) cannot be for a longer term than the superior lease/tenancy agreement. Nor could you sub let rights which you yourself as intermediate tenant do not have. Therefore you would have ensure the bare contractual tenancy contains equivalent rights for T as those granted to a tenant under an AST/HA 19988.