Private Rented Accommodation

Yosiah · 9 Jul 2011 at 14:45

My friend and his fiancé have a privately rented flat in London, and have a spare bedroom (it's a 2 bedroom flat). They want me to move in, and I was wondering whether this is actually allowed? Can they contact the Landlord and say they want someone else to move in to the house and use the second bedroom?

Do I go on the tenancy list, and would I have to pay a deposit etc? Do I need credit/reference checks? I'm assuming they just want to do it on the side, which isn't really a problem I guess, but I don't want to risk the Landlord finding out and then asking me to leave! I would also need an actual address, so if I was living in the house 'on the side' this would be a problem, I assume.

Cheers!

VoG · 9 Jul 2011 at 14:50

if your moving in with the explicit intention of halving the rent then you will indeed need to involve the landlord, otherwise, you friend could be in breach of his letting agreement, & you won't have a leg to stand on legally should any thing go wrong with the flat ( accidental damage ).

Pinkribbonscars · 9 Jul 2011 at 14:54

Depends on the contract, surely?

Morba · 9 Jul 2011 at 14:56

Sub letting is generally frowned on, so contract must be checked

Yosiah · 9 Jul 2011 at 14:58

He wants me to pay exactly a 1/3rd of the rent, yes. Is there any reason a landlord would say no? Would they expect me to go through the letting agency he/she uses, just like they had to when acquiring the property in the first place?

The reason I ask is I am unemployed at the moment, after deciding not to go back for my second year at University. I'd like to move to London, and my friend is OK with me just living there until I find a job. It's not like he's using the room, and I am very, very good friends with both of them. I am afraid that I would not be accepted under the basis of being unemployed, but I guess I could always look for a job before moving down. I just want to leave asap for personal reasons.

I intend to go back to University in 2012 - a change in my education path - but I could earn a lot of money sharing a house in London, as my share of the rent would be less than my parents charge for living at home (they are quite strict!).

Icm76 · 9 Jul 2011 at 15:10

Your status would be lodger (very few rights) and perfectly legal. If the landlord attempted to take the tenant to court over breach of contract it's unlikely he would win anything. I think he would need to show some evidence that the lodger(s) are causing some other enforceable breach of contract or nuisance and seek eviction of the tenants on discretionary grounds.

Tenants are entitled to enjoy their rented home in the same way as any home owner.

Despite almost all contracts saying sublets are not permitted, I've an idea that such terms may not be enforceable. Statutory rights cannot be denied by contract terms. Try Landlordzone of Letlink for more definitive answers.

Dunks · 9 Jul 2011 at 15:13

Icm76 said:
Your status would lodger (very few rights) and perfectly legal. If the landlord attempted to take the tenant to court over breach of contract it's unlikely he would win anything. I think he would need to show some evidence that the lodger(s) are causing some other enforceable breach of contract or nuisance and seek eviction of the tenants on discretionary grounds.

Tenants are entitled to enjoy their rented home in the same way as any home owner.

Despite almost all contracts saying sublets are not permitted, I've an idea that such terms may not be enforceable. Statutory rights cannot be denied by contract terms. Try Landlordzone of Letlink for more definitive answers.

Interesting

Icm76 · 9 Jul 2011 at 15:14

Yosiah said:
He wants me to pay exactly a 1/3rd of the rent, yes.

If your friend wants you to pay 1/3rd of the whole rent and you are willing then you could ask to be a new tenancy agreement for the three of you. I wouldn't pay 1/3rd of the rent just to be a lodger (unless maybe the friend/fiance are paying all the utility bills etc. in addition to the other 2/3rd of the rent.)

phonemonkey · 9 Jul 2011 at 16:19

I wouldn't see a problem if it's a temp arrangement. They're just helping a friend out for a while after all. If it's a permanent thing, then I'd look to change the tennancy agreement.

I've no knowledge basis for the above, it just feels like common sense

Icm76 · 9 Jul 2011 at 16:57

Moses said:
Many home owners can't rent out areas of their house/have tenants, can they? (As it'll go against mortgage terms which are their to protect the lender if they need to repossess, etc).

If the landlord is letting a property, they need an appropriate mortgage anyway for that property, and if they don't then they could face repossession. Does the mortgage company care if the property is let or sublet? The occupants are tenants in either case. If they do care, can the mortgage company take away the rights of persons that they do not have a contract with?

It's messy, personally I wouldn't sublet without permission. However, if a tenant does decide to sublet with or without permission they should inform the landlord and be willing to pay any costs incurred by the landlord having to change the buildings insurance etc.

Icm76 · 9 Jul 2011 at 17:29

As far as mortgage's and the right to have a lodger, I think every home owner in the land is entitled to have a lodger, lodgers may be kicked out at any time so it's nothing to do with the lender.

Tenants are a different story, if they refuse to go they may only be removed after a successful court application. Illegal eviction is a criminal offence with very serious consequences, and the correct procedure may take months. That’s why mortgage lenders will usually stipulate that the property may not be let, and a more expensive type of mortgage is required.

arknor · 9 Jul 2011 at 17:32

pfft pay 1/4 of the rent or gtfo you will be the outsider they will have the majority say etc no way should that be a full 3way split not to mention you will be expected to give them space when they want it just so they know you arent fapping while listening in on them at the wall!

Fuzz · 9 Jul 2011 at 19:00

Easiest and safest option would be to go for the official route.
Get "approved" by the letting agent with whatever is needed (credit checks, etc) and keep it above board.
If they won't let you then you pretty much know the outcome of doing it the underhanded way should you get found out.
Also note that doing it on the side may be in some way a breach of your friends contract and risks their own right to stay in that property should the letting agent get arsey.

They maybe good friends now and it may have been their idea to start with but if the poo hit the fan and they got evicted because of breach of contract, would you still be friends...

I doubt it.

The other reason they are good friends is BECAUSE you don't live with them.