alt.uk.law

"steve robinson" wrote in message
news:xn0f9ctng3bkte000@ ...
> whitman wrote:
>
>> On 31 Jul, 11:30, "steve robinson"
>> wrote:
>> > whitman wrote:
>> > > On 30 Jul, 23:24, "steve robinson"
>> > > wrote:
>> > > > whitman wrote:
>> > > > > On 30 Jul, 21:24, "steve robinson"
>> > > > > wrote:
>> > > > > > whitman...@ wrote:
>> > > > > > > Hi.
>> >
>> > > > > > > I hold a residential assured shorthold tenancy agreement
>> > > > > > > (Post housing act 1996, England), signed this year.
>> >
>> > > Cheers Steve. Any idea what the legal definition of "subletting"
>> > > is?
>> > > > From what I managed to get out of the internet and the people
>> > > > from
>> > > Shelter about this is that it is someone renting part or whole of
>> > > property that you are renting from someone else. Doesn't seem to
>> > > specify whether or not the "primary" tenant is living in the
>> > > property.
>> >
>> > If the primary tenant is living in the property , and has use of
>> > all of that property , then you are not subletting the property
>> >
>> > If your freind has full use of the property then he is not
>> > subletting
>> >
>> > If you have partitioned off an area , or there is an area you
>> > cannot use or you no longer live at the property then you are
>> > subletting
>> >
>> > Does your agrreement say anything about lodgers becaise in effect
>> > your freind is a lodger
>> >
>> > --- Hide quoted text -
>> >
>> > - Show quoted text -
>>
>> Thanks Steve.
>>
>> The contract doesn't say anything about lodgers. He would be occupying
>> the second bedroom - which I guess could be considered as an area I
>> cannot therefore use?
>>
>>
> But you still ave access to it , you wouldnt use it by choice not
> because of a contractual requirement , so you are not subletting
>
> You are aso in the position of asking him to leave without notice or
> rreason

IMHO it would be sub-letting.

In any event the landlord will probably have a clause in the contract

"only to be occupied by Whitman", which will be breached if other people
live there.

The landlord will normally want more rent for more occupiers as this
increases the wear an tear.