subletting and lodger status

[jjlandlord]

Hello everyone,

I'd like your opinions on the following situation: A relative of mine is (sub-)letting a room from the two tenants of a house (in England, low rent, the two tenant having an AST in their joint names with the owner of the house).

Does that make her in effect a lodger, with the two tenants being her landlords?

The reason I am asking is that currently her situation is purely based on an oral agreement (including the deposit!) and I'd like her to get things in writing, especially as she will unfortunately have to claim housing benefits.

Thanks.

[jeffrey]

Hmm. So L lets to T1/T2; T1/T2 then sublet to your relative (R).
1. When L let to T1/T2, did the AST prohibit subletting?
2. Does R reside with T1/T2, in the same premises?
3. Does R pay rent to T1/T2 or to L?

[jjlandlord]

Hmm. So L lets to T1/T2; T1/T2 then sublet to your relative (R).

That's correct.


1. When L let to T1/T2, did the AST prohibit subletting?

I do not know, though L is aware of the situation and seems fine with it.
Actually, after enquiring about the details it seems that property is a 3 level house with the 2 Ts plus 3 persons sub-letting rooms.
A bit of a dodgy situation in my opinion as my understanding is that L should have got a HMO license...


2. Does R reside with T1/T2, in the same premises?

Yes.


3. Does R pay rent to T1/T2 or to L?

R pays rent to T1/T2 (and has also paid deposit to them).

Thanks.

[jeffrey]

Why do people do such complicated things? Are they living in an examination question?!
OK- from R's point of view, T1/T2 are R's resident landlords. So R's status is not covered by the 1988 Act; R's deposit cannot be protected; and R's rights are merely whatever rights T1/T2 granted contractually (= none, as there's no written Sub-letting Agreement).

[jjlandlord]

Thanks Jeffrey.

About getting something in writing: Is there such such as a sub-letting agreement, or is it a lodger agreement?


Why do people do such complicated things? Are they living in an examination question?!

High demand + high price... Welcome to London!

[jeffrey]

Is there such such as a sub-letting agreement, or is it a lodger agreement?
Either- depending on R's status.

[jjlandlord]

Either- depending on R's status.

I'm not familiar with this area so I did not know about these different status. Read a bit on the topic and it's clearer now.

Thanks for the help.