Tenant sub letting

[Luternau]

Tenant should have to get permission of the landlord. Impossible to police sublets though.

With rents the way they are it's possible in a low rent scenario, the tenant could be charging more for the sublet than they are paying owner in rent.

 

[Right Winger]

Yes.

No.

from what I recall RTB still considers it an obligation of the tenant to inform the landlord and seek approval of any licensee they bring in.

Informing the landlord is a requirement of the legislation. Getting approval isn't in the legislation, but most landlords include it in lease agreements. If, but only if, this is done, it then comes within tenant's obligations and can be enforced by RTB.

 

[NoRegretsCoyote]

Getting approval isn't in the legislation, but most landlords include it in lease agreements. If, but only if, this is done, it then comes within tenant's obligations and can be enforced by RTB.

Indeed, but this is very hard to police.

Even with this clause in place if a property is not overcrowded a wise landlord wouldn't pursue a tenant on this point.

More occupants usually means more income and less likelihood of rent not being paid.

 

[ThisisMax]

Yes.

No.

Nope. You are entitled as a landlord to be told who is living in your house as a paying or non paying guest. Many leases explicitly do not allow it.

 

[DannyBoyD]

non paying guest.

So you think your tenant has to ask your permission everytime they have a friend over - good luck with that!

 

[ThisisMax]

So you think your tenant has to ask your permission everytime they have a friend over - good luck with that!

Im not sure why you deliberately misread posts?

 

[ThisisMax]

So you think your tenant has to ask your permission everytime they have a friend over - good luck with that!

Actually reading back over your long history of posts its clear you enjoy winding people up. Many people, including myself, really value this forum, its helped me a lot in getting great financial advice. However posts like yours just serve to get people to leave the forum because your posts look for a reaction or cause offence. Maybe take a look at why you feel the need to do that.

 

[NoRegretsCoyote]

You are entitled as a landlord to be told who is living in your house as a paying or non paying guest.

@ThisisMax a lot of this thread is about semantics. The terms “sub-let”, “tenant”, “licensee”, and “guest” have specific meanings and are mutually exclusive. I try very hard to avoid ad hominem but you have used these terms loosely several times and should not be lecturing other posters. A “non-paying guest” does not in any universe qualify as either a sub-let or a licensee and @DannyBoyD is perfectly right to correct you

 

[Broadcaster]

Just to clarify, as the original poster, we have no difficulty with the right of our tenant to have someone stay over. He is perfectly entitled to do so. The difficulty arises with a permanent move in by another when we have neither been informed or given the chance to carry out the normal checks. In the past if there were more than one tenant we requested references etc from all. That's our responsibility and I believe we are entitled to ask for this information.

 

[DannyBoyD]

Indeed, but ultimately your choices are

1. to view anyone other than Tenant A as being a guest of A and therefore not your concern. Edit to add - decent people generally have decent friends.

2. Insist that Guest A becomes Tenant B and sign a joint lease.

3. Serve notice to quit, if you want to sell / occupy etc

If you are not happy with Tenant A, go with option 3, if you are happy w your tenant then option 1 is likely your best choice.

Personally, I would avoid option 2 at all costs.

 

[NoRegretsCoyote]

1. to view anyone other than Tenant A as being a guest of A and therefore not your concern. Edit to add - decent people generally have decent friends.

Another occupant generally means a bit more wear and tear but much less chance of rent not being paid.

@Broadcaster If your tenant ever moves out and the friend wishes to stay on they have zero rights and have to negotiate a tenancy or assignment of lease with you. I think you have the best of both worlds here to be honest in that there is much less risk of rent arrears while at the same time no additional rights accruing to a second tenant.

Good luck with it!

 

[Broadcaster]

Yes, makes a lot of sense. We are probably worrying too much over this. However I think the next lease will be more specific in relation to who occupies the property etc.