9:32 AM, 23rd April 2015, About 7 years ago 20
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.
Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications.
Advice and implementation provided by a practising Barrister-At-Law with £10,000,000 of Professional Indemnity InsuranceBook Now
Previous ArticleBest way to buy and sell investment property?
|“Account”||means an account required to access and/or use certain areas and features of Our Site;|
|“Cookie”||means a small text file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site. Details of the Cookies used by Our Site are set out in section 13, below;|
|“Cookie Law”||means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003;|
|“personal data”||means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data. In this case, it means personal data that you give to Us via Our Site. This definition shall, where applicable, incorporate the definitions provided in the EU Regulation 2016/679 – the General Data Protection Regulation (“GDPR”); and|
|“We/Us/Our”||Means Property118 Ltd , a limited company registered in England under company number 10295964, whose registered address is 1st Floor, Woburn House, 84 St Benedicts Street, Norwich, NR2 4AB.|
|Name of Cookie||Purpose||Strictly Necessary|
|JSESSIONID||Used only to collect performance data, with any identifiable data obfuscated||No|
|__cfduid||This cookie is strictly necessary for Cloudflare's security features and cannot be turned off.||Yes|
|Name of Cookie||First / Third Party||Provider||Purpose|
|__utma, __utmb, __utmc, __utmt, __utmz||First||Helps to understand how their visitors engage with our website|
|_fbp||First||Helps to understand how their visitors engage with our website|