Is this classed as subletting?

[Guest2]

Housemate moves out of 2 bed apartment.

I continue to pay the rent on 2 bed apartment as have required references to prove I can pay the full rental amount

A friend moves into his room a few months down the line. He gives me half share for the time he is in.

To me this does sound like subletting but what if my friend stays for free or only pays towards bills? It seems rather daft as the landlord is still getting the full rental amount from me through the agency they use

 

[iamdjdz]

I guess it depends on how the contract is written and how payment is expected. Do you pay it all anyway to the agent or was half from you and half from the old housemate? Are they named on the contract and did the agent get references from them?

It depends on the agent's leniency and I would imagine they'd want to do inspections to make sure your new housemate is not trashing the place etc.

 

[.Lethal]

It seems daft until problems with room mate arise later

 

[Destination]

You landlords insurance will ask several things.
Certain questions such as ‘how many tennants’ ‘are the tennants, married or in a relationship’ basically to ascertain if it is one family, or more than one recognised family of occupants.

However, if he is aware that there are two occupants, and the agreed person is paying all the rent, on their own, and is liable for all the rent on their own, then there might not be an issue.

 

[dowie]

In answer to the question, yes that is subletting.

 

[v0n]

Although subletting clauses are there to avoid situation where the flat is rented to you, under your references and you instead of moving in rent it to 8 seasonal workers taking turns to sleep on bunk beds in all rooms and hallways. Ie. To stop profiteering, skewing market and storing illegals.

 

[Chris Wilson]

Absolutely, yes, it's subletting!

 

[Pez]

Simple test: Do you collect a sum of money that would fairly reflect a ~50% contribution to the rent charged by the landlord to you (save for a lesser amount for a smaller room etc)

If the answer is yes, it’s probably subletting.

Proving that is difficult though. Typically the acid test for that would be that you and your room mate enter into a separate contract regarding the living space, that the original landlord is not party to.

Sound fair?

 

[dowie]

Although subletting clauses are there to avoid situation where the flat is rented to you, under your references and you instead of moving in rent it to 8 seasonal workers taking turns to sleep on bunk beds in all rooms and hallways. Ie. To stop profiteering, skewing market and storing illegals.

not just that, Moses has already alluded to another issue

and in general landlords will want to know who is living there - if the landlord insists on background checks but then the tenant just moves in a second person anyway (in this case a friend so perhaps not much bother but in other cases potentially just some random from gumtree) then you're undermining the system they have in place to protect themselves/their property and potentially increase the risk for them

I'm not necessarily criticising, it would be very hypocritical of me as I spent several years in London living very cheaply in zone 2 and part of that was because I made use of subletting on gumtree.

 

[Nitefly]

Sounds a more obvious breach of the obligatory ‘sharing of occupation’ clause than any bona-fide “subletting” - a bit of an academic distinction for the OPs purposes, of course! Bottom line is that sharing occupation in this manner with this party is likely to be in breach of your tenancy agreement.

 

[Guest2]

Do you pay it all anyway to the agent or was half from you and half from the old housemate? Are they named on the contract and did the agent get references from them?

Currently half from me, half from housemate. Both named on the contract

Thanks everyone else. It'll be easier to move out as I expected

 

[VincentHanna]

I skim read the thread.

But when I lived in a flat-share years ago we were both on the contract. When my flatmate wanted to move to london, I got someone else in and it was a simple matter of informing the lettings agent/landlord that somebody else wanted to move in and he paid for the contact amendment. No hassle at all really.