Private landlord with tenant on short-term contract wants to sub- let. Any advice welcome.

[everyonesgotanopinion]

I have a 3 bed flat and have had a reliable tenant renting it for last 6 months. He has his son to stay most weekends.

His contract was 6 months then rolling month by month with agreement.

Tenant has now asked my DH if he can sublet flat and/or use Air B&B.

I'm worried about legal ramifications of this. I'm going to say Air b&b is a no but about subletting I'm unsure where we stand legally. For example, whose tenant is subletter if original tenant leaves? What rights do we as landlords have over a sub-tenant if we wanted them to leave etc?

Has anyone been in this situation and do you have any advice please?

For what reason does he want to do this? Is he going travelling or something.

It's a no from me definitely.

Just don't do it! It will most likely invalidate your insurance for a start off.

He's not intending to leave the property just share costs with someone else because it's really too big for him. I don't want to be unreasonable but I'd prefer he didn't because it feels like we're getting into grey territory legally etc.

If we say no outright we will risk losing the tenant but I'd rather that than lose control of the legalities of what's happening with my flat.

I allowed it.

Worked out fine as I trusted my tenant.

Canuouguess did you put a new contract in place for the new tenant? Did they pay you or your original tenant for rent? Thanks.

Can't they have a joint tenancy then?

I trusted my tenant (a business), and they had full responsibility. I didn’t get involved at all.

I just received rent from my original tenant.

Worked out well.

As for me contract, that was between my tenant and them.

Of course all depends on trust.

I had had an 8 year relationship with my tenant before they asked to do this.

Are there insurance implications?

I would just say do a joint tenancy, so just add the other tenant on. No reason for your tenant to sublet when you could do this.

What about having a lodger under the ‘rent a room’ rules?

Air BnB definitely not.

If it is simply your tenant wanting to share the costs then a joint tenancy agreement with a second tenant is worth doing. That would mean that your existing tenant would have a new agreement. That would protect you legally.

The legalities would become murky should your existing tenant not be clear on the rights of a new tenant. He would also lose his 25% discount on council tax and the additional tenant would become liable for council tax also.

If your existing tenant was to offer a lodging agreement then that could work but he would need to be clear on how that lodging fee was collected. How would he handle if the lodger did not pay? How will he recruit a lodger etc.

The legalities can be worked around if your tenant knows what he is doing in lodging terms as there are still rights for lodgers.

If your tenant is a housing benefit claimaint then he is the one that would have to inform the council of changes.

When it works, it works. As a PP said up thread.

Too risky. Drop the rent if you want to keep him - may be worth it given the costs of a void and possible eviction.

Thanks all. I think a joint tenancy sounds like the way forward 👍🏻