Vision for an independent organisation to represent UK landlords20:18 PM, 16th September 2018
About 5 days ago 49
I need some help to get my head around this subletting and deposit protection scenario please.
The landlord (person A) rents a flat to a tenant (person B) on an AST and protects the deposit correctly. However, the tenant then decides to move out and sublet the entire flat to another person (person C), and takes a deposit. Person B does not issue an AST but does take a deposit and does not protect it.
Is person B responsible for deposit protection or does this liability fall back on the property owner/landlord (person A)?
Is the new occupier of the property (person C) a tenant by default of person B (the original tenant)?
Can a tenant create a tenancy (in writing or by default) in a property in which he is not the owner, even if the AST between the landlord (person A) and the tenant (person B) strictly prohibits subletting?
If the property owner/landlord wants/needs to regain possession how does he go about it?
What rights does person C have? For example, does he have the rights of a ternant? Can he make a claim in respect of failure to protect his deposit and if so does he claim against person B (the tenant who he sees as the landlord) or person A, the real property owner/landlord who he may not even be aware exists?
Thanks for your help.
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