Tenant wanting to sub-let
Since 2009 I have let a flat that was my mother’s through a letting agent. The agent is very inactive and I was thinking of closing that contract and managing it myself. I already arrange all repairs etc myself. There have been no rent increases since the tenant moved in and I’m contributing to a new roof this autumn, so avoiding agency fees will help with the loan for improvements – I was also thinking of a small rent increase.
The tenant has always paid his rent on time and keeps the flat in good condition (less good at gardening!) and talks to me fairly often. As he travels for his (creative and fairly low-paid) self-employed business he’s asked if he can sub-let one of the bedrooms to help him with the rent.
I appreciate I may have to pay an introduction fee to the agent to release myself from their contract, but I’m not sure about the sub-letting.
The tenant is concerned that a joint tenancy would make his position more insecure and has asked to sub-let.
Is there any advice on this please?
Thanks
Lesley
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Member Since August 2014 - Comments: 5
12:27 PM, 21st August 2014, About 12 years ago
Reply to the comment left by “Mandy Thomson” at “19/08/2014 – 14:36“:
Mandy, I fell foul of the HMO regulation. 2 individuals were sharing a 2 bed house. The Hull city council classed it as a HMO (for benefit purposes they said) and made me liable for the council tax bill when the 2 occupiers/tenants refused to pay it. I appealed and it went to tribunal. The tribunal panel decided in favour of the council and I lost the case. I had to pay the council tax bill. I dont know if I was tricked or not by the council at the tribunal. The council said for the 2 individuals to be liable for the c/tax and not me, I needed to get them to sign a joint tenancy agreement,which I did.
Member Since November 2013 - Comments: 1130 - Articles: 2
1:12 PM, 21st August 2014, About 12 years ago
@Philip and @Christine – thanks for the warning! It seems councils are becoming a law unto themselves, and just doing whatever they like. We’ve definitely seen this in action where selective licensing is concerned….
So anyone letting out a room would be best advised to check with their local council, and if they tell them they aren’t subject to additional HMO licensing rules, get it in writing…
Mark Alexander is definitely right about how AllBankersAreBarstewards should change his name to AllCouncilsAreBarstewards…
Member Since August 2014 - Comments: 5
3:21 PM, 21st August 2014, About 12 years ago
Ouch, I’ll check the HMO point. From other work with a charity,I believe that HMO also brings a whole other raft of regulations so I don’t want to fall foul of that. I’ve spoken to my sister and hope to meet up with the tenant next week. I’m waiting to hear from the LA about cancelling their contract and what that means in charges. I’ll keep you posted.