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Original poster

Subletting from a friend (local authority house)

42 replies

ThanksForAllTheFish · 15/06/2017 19:56

Hi, just wondering if anyone has any experience of this. A friend of ours currently has a local authority house (reasonably nice area with good schools). He has to move away temporarily for family reasons (very ill parent in another country and he is only living relative that can go and help) but plans to move back at some point - he thinks a year or so. He has offered for us to sublet his house - all above board and through correct channels of course.

We currently private rent a flat and our landlord has been making noises about selling up due to the recent changes on tax due for letting properties. I think we might have to the end of the tax year so April 2018 and I have a strong suspicion she will decide to sell at that point if not before.

The house our friend has is nicer than our flat and has a garden which is a big draw for us - and the rent will be cheaper - and the catchment school is better.

I'm seriously considering this but not sure what rights etc we will have as a subletting tenant? All the information I can find is aimed at the person doing a subletting and not the subletter.

I know we will need to draw up an agreement with the current tenant. I know it will have to be agreed with the LA. I know he can decide to move back and take the house back with whatever agreed notice is in the agreement we make.

If he decides to not come back then could we theoretically apply to take over the tenancy if we apply through the correct channels? or even for another house in the area? (actually I think we will apply to go on the housing list for the area anyway - I actually didn't realise there were any LA houses there or would have done it ages ago). We will also potentially private rent in that area should the chance / need arise.

Argh, really not sure what to do. On one hand it's risky - we do trust him though not to mess us around - but I know he could say to us in 6 months he will be coming back and we would need to move again. On the other hand it's likely we will be looking to find a new place to live sooner rather than later anyway so this might work out as an ideal solution I the short term. It will probably be another 3 months or so before he will be leaving and we would be moving in.

Does anyone have any advice or experience on this subject? Are we being crazy to consider this or is it something that happens all the time and I have just never really seen about it?

OP posts:

GlitterGlue · 15/06/2017 20:02

Are you sure the LA will even allow this?

TroysMammy · 15/06/2017 20:06

I thought sub letting a LA property was illegal.

JustAnotherPoster00 · 15/06/2017 20:08

www.citizensadvice.org.uk/housing/renting-a-home/subletting-and-lodging/subletting/unlawful-subletting-of-social-housing-criminal-offences/

Dont know if theres anything in there to help you OP

ruru1981 · 15/06/2017 20:09

Sub letting - I'd delete this thread if I was you.

woodhill · 15/06/2017 20:10

Not on

ThroughThickAndThin01 · 15/06/2017 20:13

What a bloody cheek me has.

Leatherboundanddown · 15/06/2017 20:13

I don't think this is allowed really. Plus where are you based? You do realise that wait lists for LA properties can be YEARS long with families in need of housing? If one becomes free it will be offered to those at the top of the list not you just because you know the current tenant.

If he is moving abroad he will need to surrender the tenancy.

ThroughThickAndThin01 · 15/06/2017 20:13

I don't, he does.

Palomb · 15/06/2017 20:13

The won't allow it. It will be written in to his tenancy agreement that the property has to be his primary residence.

muckypup73 · 15/06/2017 20:16

It is illegal, so you cannot do it, and I would hope he has informed the council that he will be away for a year,why the hell should they pay rent for that long??

AwaywiththePixies27 · 15/06/2017 20:16

Sub-letting is a breach or your tenancy agreement in most LAs.

The first council flat I ever had, I got because I was homeless, person who lived there before had been subletting a 1bed flat to six people. (they were sleeping on the floors of the bedroom and the living room together - was the open plan flats). Regardless of the health and safety implications and the fact its unlikely your friend has any proper experience as a landlord. I wouldn't. The person before me was evicted in spite of the fact they were now back home and their 'tenants' had moved on.

neveradullmoment99 · 15/06/2017 20:18

In some cases actually i think you can sublet. I think you can but you need to request permission in Scotland.
Why is it a cheek?As long as they pay the rent and dont make money out of it, whats the problem?
This is someones home and they need to leave it for a time and then come back. Thats life sometimes. If you owned your home, would you sell it for the year you are away?

AwaywiththePixies27 · 15/06/2017 20:18

Why do you think you'll be able to draw up an agreement? I'm in an LA house and there's an immediate eviction clause in this tenancy agreement if I do this

There's hundreds on the waiting lists for LA properties.

neveradullmoment99 · 15/06/2017 20:19

The persons is not the landlord. If its all above board, the council will be.

woodhill · 15/06/2017 20:20

Cheeky of your friend as he is making money out of social housing. Why should he?

ruru1981 · 15/06/2017 20:21

Does the current tenant work or do the council pay his rent?

Do you work or do the council pay your rent?

neveradullmoment99 · 15/06/2017 20:22

You can sublet in some circumstances. You seek permission from the council. The temporary tenant pays the council. Whats the big deal?

ruru1981 · 15/06/2017 20:24

neveradullmoment99 · 15/06/2017 20:24

In Scotland it says:

If you want to sublet your home or take in a lodger, you will need to write to your landlord to ask permission, explaining who the new tenant will be, when they will be moving in and how much deposit and rent you will be charging them. Your landlord has to give you permission, unless they have good reason not to (for example, because it will make your home illegally overcrowded, or because they think you are charging the new tenant too much rent).

If you write to your landlord asking permission and they do not get back to you within a month, you can presume they have consented to the arrangement. You should then write to them again explaining that you assume consent has been given and informing them when the tenant will be moving in.

neveradullmoment99 · 15/06/2017 20:25

Just wanted to make the point, its not always against the rules.

woodhill · 15/06/2017 20:25

It's a big deal if the tenant is profiting from it which may be the case.

ThroughThickAndThin01 · 15/06/2017 20:28

Didn't realise that neveradullmoment. Seems wrong to me though.

AwaywiththePixies27 · 15/06/2017 20:29

If they're subletting and making money from it. Then aren't they acting in a landlord capacity anyway?

Assuming every penny you pay goes back to the LA. Because the subletting indicates they intend to make a profit from it. Pretty sure they frown upon that.

HemanOrSheRa · 15/06/2017 20:31

You can't sublet an entire property. You can only let out a room with the LA's permission.

Bagpussss · 15/06/2017 20:39

Councils do spot checks, he could lose the flat entirely if he is subletting without the council being informed. The property would go back into the housing stock and house whoever is next on the waiting list.

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