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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:
Original poster
ThanksForAllTheFish · 15/06/2017 20:41

It is allowed and not illegal. We are in Scotland and I have been on the LA website to check. They have an entire section on sub letting. He has spoken to a housing officer and his circumstances should allow it.

Friend won't be making money out of it. We will pay exact rent he currently pays. He has said a year as the Dr has said him dad is terminal and given 1 year to live. Dad is too ill to travel and will deteriorate in health. The country has no provision for this type of care and expect family to do so. Friend is in the process of arranging 1 year off work to care for his dad. He plans to come back at the end of everything hence wanting to keep his house and his job in the UK.

He will most likely be moving out there within the month but arranging the sub let can take longer according to the housing officer.

Honestly the responses are a bit OTT from some people. I'm not looking to illegally steal a house from a family who desperately needs it. This friend is looking to get a tennant to keep his house and if it's not us it will be someone else he knows. He offered it to us first as he knows we are worried about our landlord selling up.

The what happens if he doesn't come back part was just me pondering as I worry about things.

OP posts:
eurochick · 15/06/2017 20:54

The information that the house is in Scotland is a huge drip feed that changes everything. The rules are different north of the border. It's a separate country with a separate legal system!

millsbynight · 15/06/2017 21:00

Do you not think there is a family more in need of the LA flat while your friend is away? A family that has been on the waiting list for a long time..? You have the money to pay privately so just look for another flat?

Original poster
ThanksForAllTheFish · 15/06/2017 21:01

Welk I was completely unaware it was illegal in England - I just assumed it would be the same rules there as it is here. I read the LA website that mentioned it so assumed that most LA's across the UK would have a similar section.

I live in Scotland and don't really feel it's a drip feed not mention it as I would assume the rules are the same everywhere. Obviously not. Would it be a drip if I was I England or Wales or NI and didn't specify it. I would think this being a UK forum people wouldn't just assume I am in England.

OP posts:
neveradullmoment99 · 15/06/2017 21:02

It is allowed and not illegal. We are in Scotland and I have been on the LA website to check.

Is noone listening to the OP? She is saying she is in Scotland. It is allowed!

ruru1981 · 15/06/2017 21:03

Unless you say otherwise we would assume you were in England or Wales.

neveradullmoment99 · 15/06/2017 21:03

OP you have absolutely right. It is allowed in Scotland. You just pay the council. End of.

neveradullmoment99 · 15/06/2017 21:04

Unless you say otherwise we would assume you were in England or Wales.

Why? Does Scotland not count?

EpoxyResin · 15/06/2017 21:06

Ha! I shouldn't laugh, but so many have been so quick to jump down your throat... It's completely understandable you wouldn't think to mention "Scottish rules" seeing as you wouldn't even know they were different!

I can't help you with your questions I'm afraid, but sounds like a sensible solution for everyone. Except for the fact a year isn't a very long time if you end up uprooting again at the end of it.

neveradullmoment99 · 15/06/2017 21:06

Would it not have been more appropriate to say, well it depends upon where you live in the UK but from where i come from...
Instead of a torrent of quite rude posts from lots of people.

Original poster
ThanksForAllTheFish · 15/06/2017 21:06

Yes another family might be in need but they won't be getting it anyway as my friend is keeping his home regardless. He will let it to someone else if not us. He's been there for 15 years and wants to move back into it when he returns home after burying his dad (whenever that may be).

OP posts:
sparechange · 15/06/2017 21:08

Unless you say otherwise we would assume you were in England or Wales.

Why on EARTH?Confused

AlcoholandIrony · 15/06/2017 21:26

I actually thought it was illegal in Scotland too. But you learn new things every day

eternalnamechange · 15/06/2017 21:55

*Unless you say otherwise we would assume your in England or Wales
*
No "we" wouldn't!

She didn't know the rules were different, so didn't feel the need to specify.

Hardly a drip feed just because others made assumptions.

Original poster
ThanksForAllTheFish · 15/06/2017 22:09

Epoxy yes that's my main worry is a year isn't a long time. It might not even be a year it could be a bit longer or a bit shorter. It's just the timescale the Dr's have given his dad. Sad

But then pretty much all private rentals these days are 6 month contracts so as a tenant you never really know how long you will have in a place before the landlord decides to sell/ move back in/ give the flat to someone else etc. We have been lucky in the past and had 6 years in the one flat but also unlucky too and had only 6 months before we have had to move again. I don't actually recall seeing any flats advertised for longer than 6 months in years. Such is the joy of letting.

OP posts:
Original poster
ThanksForAllTheFish · 15/06/2017 22:25

AlcoholandIrony It may very well be in some areas/authorities in Scotland. I don't know. It's a subject I hadn't even thought about until this came up.

The more I'm reading into it now I see there are rules and time limits on sub letting which is fair enough. The council will need to vet us and do a CRB check (as it's near a school) which is fine. It looks like they have a 3 year limit on sub letting, which again is fair enough. We won't be there that long.

I posted because I know nothing of subletting and thought as this is the property section there might be some people who do know or have experience of it. It would appear it's a unpopular subject, which I can now understand as it's illegal in England and Wales.

Anyway DH and I will be considering our options and speaking to our friend about the logistics of it all. He's over there with his dad at the moment but due back in two weeks when his annual leave runs out so we will find out more details then. I know he's had lots of discussions with the housing officers about it but obviously with everything that's going on we've not had the chance to sit down and talk it all over in detail.

OP posts:
WhereAmIGoingWhatAmIDoing · 16/06/2017 15:23

OP everyone is being a bit rude to you sorry! Not sure why everyone is assumed to be in England, MN is a UK based forum.

I don't know why people are saying that he should give up the property to a 'needy' family either... He's going to be coming back and that family wouldn't get to keep it either.

Some parts of Scotland don't have hugely long waiting lists for LA housing. It's not as bad as in England, apart from in the major Cities.

I think there is lots of hostility to people who live in Social Housing on Mumsnet. Not sure why, I lived in social housing for years. But I am also a normal person

Anyway, good luck OP whatever you decide. It's hard to say what's right, but I would be tempted by a nicer home

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