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It's intellectual debates in work today (started by a visitor in the most ridiculous trousers to the office).

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If there's anyone on here who knows their stuff about property rental, if you could take a couple of minutes to give me a quick bit of advice about something I'd massively appreciate it.

Basically I'm on my summer holidays, and I'm staying in my flat in Glasgow which we have untill September, when the landlord will decide whether to keep us on or not. I don't really want to be in the flat over the summer for reasons I won't bore you with, so I asked the landlord about the possibility of subletting my room. I was told in no uncertain terms that this wasn't allowed, but tbh I really can't afford the rent. My question is this, if I subletted the room on the sly myself, what's the worst thing that could happen if the landlord found out?

If it resulted in legal action against me I wouldn't bother risking it, but if all he could do is terminate the lease and not pay the deposit it would probably be worth it anyway. After all, we're all essentially paying three months rent when we have somewhere else to live, in order to get one months rent back at the end of it. Any knowledge PnBers have on this would be welcomed, thanks.

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Guest The Phoenix

It is technically against the law to sub-let and should be covered in your lease agreement.

Best thing to do is find someone you trust and allow them to stay in the flat during your absence.

Naturally they would feel obliged to make a voluntary donation to your bank account. ;)

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If there's anyone on here who knows their stuff about property rental, if you could take a couple of minutes to give me a quick bit of advice about something I'd massively appreciate it.

Basically I'm on my summer holidays, and I'm staying in my flat in Glasgow which we have untill September, when the landlord will decide whether to keep us on or not. I don't really want to be in the flat over the summer for reasons I won't bore you with, so I asked the landlord about the possibility of subletting my room. I was told in no uncertain terms that this wasn't allowed, but tbh I really can't afford the rent. My question is this, if I subletted the room on the sly myself, what's the worst thing that could happen if the landlord found out?

If it resulted in legal action against me I wouldn't bother risking it, but if all he could do is terminate the lease and not pay the deposit it would probably be worth it anyway. After all, we're all essentially paying three months rent when we have somewhere else to live, in order to get one months rent back at the end of it. Any knowledge PnBers have on this would be welcomed, thanks.

What sort of tenancy agreement do you have?

Subletting is typically a formal process which a landlord can prohibit, and normally if done unauthorised it would be a breach of the tenancy agreement and it would allow them to terminate it. However, depending on the tenancy agreement you have, there are certain rules they must follow and minimum notice etc they must give to you before you can be removed from the property. You're very unlikely to reach a situation where you'd be going to court.

You might want to check the terms of your lease to see if there is any express prohibition on other people staying in the premises generally. Provided you didn't make a big song and dance about it you could probably reach some sort of license to occupy or similar less formal agreement with someone if you wanted to get some money in for that room.

Edit: Incidentally, your landlord is likely to be under statutory obligation to give notice in advance of the end of your lease (which I'm guessing is a single-year term). If he fails to do this the lease may tacitly relocate (i.e. repeat on the same terms) for another year.

Second Edit: You're still a thieving b*****d, though. :P

Edited by Ad Lib
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Guest The Phoenix

What sort of tenancy agreement do you have?

Subletting is typically a formal process which a landlord can prohibit, and normally if done unauthorised it would be a breach of the tenancy agreement and it would allow them to terminate it. However, depending on the tenancy agreement you have, there are certain rules they must follow and minimum notice etc they must give to you before you can be removed from the property. You're very unlikely to reach a situation where you'd be going to court.

You might want to check the terms of your lease to see if there is any express prohibition on other people staying in the premises generally. Provided you didn't make a big song and dance about it you could probably reach some sort of license to occupy or similar less formal agreement with someone if you wanted to get some money in for that room.

Edit: Incidentally, your landlord is likely to be under statutory obligation to give notice in advance of the end of your lease (which I'm guessing is a single-year term). If he fails to do this the lease may tacitly relocate (i.e. repeat on the same terms) for another year.

Second Edit: You're still a thieving b*****d, though. :P

You don't half spout a lot of pish.

Any landlord who uses a standard lease will have the following para included...

THIRTEENTH* The Tenant shall not assign this lease in whole or in part or sub-let or part with the possession of the premises or any part thereof.

* It's the 13th clause in the lease that I use for my tenants.

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You don't half spout a lot of pish.

Any landlord who uses a standard lease will have the following para included...

THIRTEENTH* The Tenant shall not assign this lease in whole or in part or sub-let or part with the possession of the premises or any part thereof.

* It's the 13th clause in the lease that I use for my tenants.

Nothing I said was inconsistent with this. I told him to check the terms of his lease.

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It is technically against the law to sub-let and should be covered in your lease agreement.

Best thing to do is find someone you trust and allow them to stay in the flat during your absence.

Naturally they would feel obliged to make a voluntary donation to your bank account. ;)

Cheers, yeah letting someone I know have my room would cause me to be shiting it approximately 80% of the time less.

What sort of tenancy agreement do you have?

Subletting is typically a formal process which a landlord can prohibit, and normally if done unauthorised it would be a breach of the tenancy agreement and it would allow them to terminate it. However, depending on the tenancy agreement you have, there are certain rules they must follow and minimum notice etc they must give to you before you can be removed from the property. You're very unlikely to reach a situation where you'd be going to court.

You might want to check the terms of your lease to see if there is any express prohibition on other people staying in the premises generally. Provided you didn't make a big song and dance about it you could probably reach some sort of license to occupy or similar less formal agreement with someone if you wanted to get some money in for that room.

Edit: Incidentally, your landlord is likely to be under statutory obligation to give notice in advance of the end of your lease (which I'm guessing is a single-year term). If he fails to do this the lease may tacitly relocate (i.e. repeat on the same terms) for another year.

Second Edit: You're still a thieving b*****d, though. :P

Cheers for the advice Ad Lib.

I don't have the lease on me now to answer your questions about it unfortunately. What I do remember is that the lease doesn't specifically say anything about subletting, just something along the lines that it's my responsibility if I'm not going to be there to pay the rent. I got excited when I read that as I thought it implied I could let someone else stay there as long as the rent is paid, but the landlord laughed at me in a pretty passive aggressive way when I asked about it.

I'm getting more and more tempted to just say f**k it and do it.

Edit to add: Hope The Phoenix isn't my landlord. If you are, I was just joking about subletting my room, ken.

Edited by Guest
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Guest The Phoenix

Nothing I said was inconsistent with this. I told him to check the terms of his lease.

You blabbered for several paragraphs.

The bottom line is that a Landlord who is above the Law will always include the clause I've listed.

If he doesn't, he's probably a rogue anyway and the Lease won't be worth the paper its written on.

Away back to Uni and play at being a lawyer. :P

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You blabbered for several paragraphs.

Because the lease exists only insofar as the terms are agreed.

The bottom line is that a Landlord who is above the Law will always include the clause I've listed.

No landlord is "above the law" you silly old man! Indeed leases don't even need to be in writing to be valid so such terms might not be expressly stated.

If he doesn't, he's probably a rogue anyway and the Lease won't be worth the paper its written on.

Not true. Plenty perfectly valid and legally binding residential leases do not prohibit subletting. It's not the norm, certainly, but judging by what Edin Go Bragh has said the lease agreement isn't in standard form.

Away back to Uni and play at being a lawyer. :P

I've just finished for this year, grandad. 4 months of not pretending to be a lawyer! And when I go back I'll be doing pretendy public law-type courses as I can't stand boring, relevant, tangible private law issues like leases, insurance, standard securities and other such things that actually affect people's lives. I've got 2 years to spend arguing about constitutional reform and the ECHR!

Edited by Ad Lib
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No landlord is "above the law" you silly old man!

That's not what he said! He meant landlords that are honest and trustworthy and follow the law to the letter, rather than conning arseholes. Few of them there may be, but there are some.

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Guest The Phoenix

Because the lease exists only insofar as the terms are agreed.

No landlord is "above the law" you silly old man! Indeed leases don't even need to be in writing to be valid so such terms might not be expressly stated.

Not true. Plenty perfectly valid and legally binding residential leases do not prohibit subletting. It's not the norm, certainly, but judging by what Edin Go Bragh has said the lease agreement isn't in standard form.

I've just finished, grandad. 4 months of not pretending to be a lawyer!

Point taken - I should have said "within" not "above".

Apart from that, I repeat a Landlord who doesn't prohibit sub-letting is almost certainly a rogue and the tenant is almost inevitably going to get screwed somewhere along the line.

Of the twenty nine leases I currently have in operation, I don't recall any of the tenants saying "Don't bother writing the 17 clauses I'm required to adhere to, I'll remember them and I trust you anyway".

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Point taken - I should have said "within" not "above".

Apart from that, I repeat a Landlord who doesn't prohibit sub-letting is almost certainly a rogue and the tenant is almost inevitably going to get screwed somewhere along the line.

Of the twenty nine leases I currently have in operation, I don't recall any of the tenants saying "Don't bother writing the 17 clauses I'm required to adhere to, I'll remember them and I trust you anyway".

It's not that tenants ask you not to write them out. It's that tenancy doesn't have to follow a standard form to be perfectly valid, and the terms to which you refer are at most a default set of terms proscribed by an agreement conforming to standard form. Private landlords, whilst complying with statutory requirements as to assured and short-assured leases, are not under an inherent obligation to stick to what you might call "default" terms of tenancy. It is not inconceivable that a landlord would be content with a sublet in a residential property, although it would be unusual.

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