to sublet our rented flat?

[curableromantic]

We moved into our flat 3 months ago, DP, me and DS (nearly one). We really messed the landlord around, pulling out twice and before eventually taking it. He is away for 12 months in Australia with his family, there's no possibility of a longer or shorter let.

Soon after we moved in we realised it was too small for us - DS was to have his cot in the little attic room with DP's massive desk and papers (works and studies from home) but this room was too hot in summer for DS to sleep and I'm worried it'll be too cold in winter (dormer windows).

We were even a nightmare when we moved in, because I was not sufficiently clear about what furnishing could be left behind and when we moved in it was fully furnished, full of all his furniture, even all the kitchen stuff. It was literally like he hadn't moved out. He was really nice about it and came round and picked up everything but the larger bits.

Then we found out the DN was going to come and live with us (lost his parents a while ago, granny not coping, refusing school etc.). He's 12 and we now have permanent care of him. He has the bedroom and we are in the attic with the cot and the desk. I wrote to LL and asked if we could put his sofa in his storage so we could put a sofabed in the sitting room but he said no (no room).

I have nowhere to go (DP works late), nowhere to put the baby down (ditto), not even room for a bedside lamp (mattress squashed in corner) and I have to squeeze past the cot to get to my bed. We're trying to get used to parenting a 12 yo and baby is not yet 1. I just can't cope with another 9 months.

I just wrote to the LL to ask him how he felt about us subletting but keeping liability and managing the new tenants. I expect he'll say no, because although he's a very, very nice and decent person, it's a bit of a strange arrangement. i don't know what to do.

I have a 3 bed flat round the corner, the contract ends in 2 months so I could give them notice.

I just feel like I can't do it to him, he's such a great guy and just taking a year out with his young family. I know he doesn't have much money.

Have no idea what to do but feel my new family, and possibly my relationship could be under terrible strain over the next 9 months.

I feel I should be more assertive and insist. Would that be really really unreasonable?

I'd be amazed if you could sub-let. I haven't rented for ages, but whenever I have, there's always been something about subletting being prohibited. However, we did get released from a contract 2 months early once through pleading with the letting agency and them speaking to the Landlorfd, so it is worth a try.

thanks Alicet!
Cumfy, no way - they've never done a thing. The other day I posted on his son's fb page and mentioned we now had DN and he should come and see us etc. No reply! DP, his mum and I are the only people who've done anything.

Still no word from LL.

i am a landlord and if tenants had good enough reason I would let them leave, if it was out of their control. however if it was just choice, which sounds like your situation i would say yes you can leave, but you have to wait until agency gets new tenants.
if you could guarantee the new tenants, I would probably still agree.

domeafavour, I'm not sure that DN's parents dying was within my control!

sorry, maybe badly worded
I think your reasons are good enough, but it's really cos your circumstances have changed not e.g because you are scared and vulnerable( as one of my tenants was)
My guess is he will say ok, but won't be happy if he is out of pocket or inconvenienced.
As a landlord all you really want is the rent paid, no hassle and no damage. so if you can sort that for him, no problem.

don't worry do-me I know what you mean!

I'm a landlord too actually. My tenants are 3 sharers and there have been a couple of changes, I just let them handle it. This is a bit different but I think so long as we guarantee he's not out of pocket I think that will be his main concern.

I'm just focusing on making a home for DN. Tonight we've made real curry together .

Curable romantic, could you get fostering payments for your nephew, if you explained to SS that because he is now with your family, it's difficult to manage with your accommodation? If they did pay you something, it might mean your husband could work outside the home.

atswim,don't know where curable lives but here you get nothing for fostering a relative except family allowance,ridiculous I know as these people are saving the gov a fortune in care.

lilyliz, I think you're right, kinship adoption doesn't get benefits other than the normal child benefit. We could possibly get housing, but I wouldn't apply because I own a suitable flat. If only I could move into it!

So, I got an email from the LL this morning. Very very reasonable. They are expecting another baby and so will return in Feb to her parents' for childcare/support reasons and realistically will not return to this flat anytime soon. He said he's happy for us to sublet if we can find someone who will look after it, and our contract and guarantee remain in place for the term (I offered this anyway). He just stipulated they're not up for paying reletting/agents fees till the end of the contract.

Feeling much lighter!

Brilliant news. Just make sure you're properly covered legally with the sub-let, you should be fine.

thanks pony, I shall probably do a rymans £7.99 shorthold tenancy and change and sign the dates and lodge a deposit.
Basically hoping very much to find a friend of a friend of a friend.. thing is, it's so bloody expensive. I expect we'll have to drop the price a bit.

Still, feels good to be able to take action.

Are you sure that your current tenants aren't interested ??-- then you've got a clean swap that you can do anytime over the next 3 months.

Cumfy my flat is 3 bed and there are 3 of them...

Have put the word out and will drop the price to make it more attractive..

As he isnt around for 9 months, why dont you just put some of the excess furniture of his in storage until he returns. This would give you more room and you could bring in the bed settee??