alt.uk.law

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.
>
> > > > > > I am looking to have my friend move in with me and get the
> > > > > > lease adjusted so his name is also included on it (he will be
> > > > > > paying part of the rent).
>
> > > > > > When I advised my landlord of this he immediatly said that the
> > > > > > rent would be increased.
>
> > > > > > I have a few months to go before the 6 months break-clause
> > > > > > expires and we do not want to pay more rent, at least not
> > > > > > until the existing lease is up for renewal (especially as it
> > > > > > was agreed upon not so long ago).
>
> > > > > > What are our options? Ideally we want to break the contract
> > > > > > and move to another property as we are dissapointed in the
> > > > > > behaviour of the landlord.
>
> > > > > > Many thanks.
>
> > > > > > Whitman
>
> > > > > \your options are
>
> > > > > 1) Move you friend in without putting him/her n the rent book
>
> > > > > 2) move him /her in and put him/her on the rent book and accet
> > > > > the increase in rent (effectively you wish to modify or change
> > > > > the contract which the landlord does no have to agrree to)
> > > > > 3)wait until your brak period
>
> > > > > 4)quit now however you are likely to loose your deposit and risk
> > > > > being ued for breach of contract , the landlord will be ale to
> > > > > claim any rent lost unti a new tenant is found
>
> > > > > --- Hide quoted text -
>
> > > > > - Show quoted text -
>
> > > > Thanks Steve.
>
> > > > I think 1) is out as there is a clause in the contract "no sublet
> > > > without written approval of landlord".
>
> > > > I think I'll go for option 3 - wait for the break period to
> > > > expire and find a place with a more sensible landlord.
>
> > > > Many thanks!
>
> > > Having a freind move in is not subletting even if they contribut
> > > towards the rent ,sub letting is when you rent the property out and
> > > dont live thier yourself
>
> > > --- Hide quoted text -
>
> > > - Show quoted text -
>
> > 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?

Is there a burden of proof on the landlord here?