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Basic advice on tenant setting up a sublet

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Author Topic: Basic advice on tenant setting up a sublet  (Read 121 times)
Newbie
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« on: July 12, 2021, 08:03:22 PM »

Hi there,

I currently rent a 2 bedroom house through a private landlord whose permission I've asked to sublet the other room to a friend.

My landlord has agreed. Now I am looking to start this off properly and I am looking for advice on what kind of contract to create for my friend who will be my subtenant.

I will charge him a fixed amount per week on a periodic basis of tenancy for renting the room and he will have access to all other areas and facilities of house except of course for my bedroom.

Since this will be a short to medium term/temporary living arrangement, I need to know what authority I'll have to ask him to leave.

1) For example, under what period of time of a notice to quit, let's say under the circumstances that rent has been paid and there are no arrears.

2) I also need to know if I should writie a new Shorthold Tenancy Agreement, in addition to my master one.

3) If so, is that the right kind of 'contract', is this at all necessary or is it possible just to write up a 'licence agreement', as I saw on one website online.

4) Instead would it give me more authority to keep it verbal since there is a level of established trust already? And then if he doesn't pay up it is personal rather than legal.

5) If he pays cash,  is that an issue in terms of proving that rent is up to date?

6) Do I need to put the deposit in the government approved safety deposit scheme?

7) Can I wite my own 'notice to quit' into the 'contract' or is it predefined already based on circumstances.

8.) Given the answers to the above queries, would he be considered as an 'excluded occupier' , a lodger or a tenant?
Thanks in advance for any answers.
« Last Edit: July 12, 2021, 08:22:47 PM by spoofproof »
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« Reply #1 on: July 13, 2021, 04:36:09 PM »

Why not keep it simple and have a lodger arrangement? You don't need to protect the deposit,and as far as I know you can give notice with a minimum of fuss and delay. It's not something I have experience or much knowledge of ,but I have heard enough horror stories about letting to friends,so the fewer legal restrictions you take on the better.
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« Reply #2 on: July 14, 2021, 08:48:56 AM »

You are asking - "what will be the case in this circumstance?" as if you have no influence on this yourself - but the question should really be - "how do I best protect myself, and my Landlord, by making the agreement suit me best?"

That would seem to be a Lodger setup. I mean, you're living there anyway, right? So it falls into that bucket first. A Lodger is good, for you, because they don't even have exclusive rights to their room... they can't put a lock on it or anything like that. If you don't like the cut of their jib, you can even move all their belongings out into the front garden when the next opportunity arises (like when they go to work some random day)... they just need to have had a reasonable notice period (you can choose whatever you want, I suppose - 24 hours? 72 hours?) and they probably won't think you'll act onanything... but you will, and they'll be stood out there, at night, in the rain, with all their belongings on the lawn (please cover them with a sheet or something)... wondering - "what next?"

Don't let the power go to your head.

Please do not fall into the trap of asking your friend for sexual favours (like Janet Street Porter used to) in lieu of rent. That is not cool. Having a Lodger is not a means of getting your rocks off.
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« Reply #3 on: July 14, 2021, 02:50:40 PM »

Do heed Hippogriff's sage advice.His first-hand knowledge of the pitfalls that can beset a landlord  is invaluable.
Newbie
Posts: 2

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« Reply #4 on: July 16, 2021, 10:08:00 PM »

Thanks for getting back to me so quickly. Useful to know, thank you both very v much, I have narrowly avoided another pointless separate tenancy agreement and now got myself a lodger, which like Hiffogriff said, is much more suitable to my circumstance. Thanks again both Hippogriff and Heavykarma. Lifesavers.
Newbie
Posts: 5

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« Reply #5 on: July 20, 2021, 04:53:15 AM »

Hi
A lodger agreement seems the easiest way.  However if you are a single person living there at the moment you should be paying only 75 percent of your council tax band.  If you take in a lodger you will have to declare it to the council and you will pay the full council tax.  You will need to factor in this increase when deciding what rent to charge.  Failure to inform your local council could result in you being prosecuted for fraud.
I know this does not answer your question , it was just a thought I had which you may not have considered.
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