Is Subletting A Room Legal? HELP!

I'm thinking of moving soon as I'm currently lodging with a very weird landlord.

Found a great room in a house share, the problem is it's being sublet by the current tenant (a student who's going to study abroad). He and his flatmate are letting it from an agency. He asked the agency if they could just transfer over the contract to any new tenant but they charge £100s in admin fees. So we are thinking of him subletting to me instead.

If his contract doesn't prohibit it is it OK for him to sublet to me, or does he have to ask the agency for permission? (if I pay him and then he pays the agency). Or is this a **** idea? (I don't know him and he's an overseas student so what if he stops paying the agency, can they evict me?)

Also, the house is up for sale (although advertised as tenanted so Im guessing any new owner would let tenants stay) and there have been viewings regularly. Bad idea? (Obviously if the agents are coming round constantly to show the place, they are more likely to complain about it being sublet)

I would be very surprised (astonished) if the agreement doesnt prohibit subletting. Go to CAB , Shelter or your SU and take your letting agreement with you. You may not get caught but if prohibited then they will just remove you.

Yeah, I'm going to ask to check its legal obviously. I was under the impression that subletting was allowed if not prohibited but I've asked to see his contract first.

If it's not prohibited though can they kick up a fuss and remove me anyway?

I dont believe it wont prohibit subletting. If you havent seen the contract then you dont know and I'd put money on it that it does.A legal sublet will transfer rights to you. It is not in anyones interests to let tenants come in unknown becayse the LL loses control.

If you have to get it legally transferred, then he could try bypassing the agent and doing it directly with the LL, but they would wnat to check you anyway. You could perhaps get him to shoulder some or all of the cost.

If it isn't prohibited in his contract then it is legal. No idea how it works if he doesn't pay though.

I'm definitely insisting on seeing the contract yep. He was vague about the house being up for sale too but there was a sign outside and when I checked online he admitted it was .

Also, the house is up for sale, and he said he doesn't know who the current landlord is So even if I had a contract with the current "landlord" it might not transfer over to the next one? My main concern is if it's allowed obviously.



Cheers. Yeah, he's an international student so obviously if he doesnt pay and is home not great for me.

The details should be on the tenancy agreement. It might be a nice room, but tbh its a risk and if you find that you have lost your money, then it will seem less valuable. U'm almost certain it will be prohibited.

Thanks. I'm thinking of ringing the agency myself to ask, but obviously they would rather let to me by transferring the contract as it is more money in agency fees.

Cheers. Yeah, he's an international student so obviously if he doesnt pay and is home not great for me.

It always takes months to evict people though and in that time you can save thousands on rent by not paying. If at any point you are worried, just stop paying the rent and being abroad, realistically, he isn't going to chase you for it.

Good point Obviously I need to check that the subletting is legal first because I don't know if he understands it, but aside from that he has a fixed term contract AFAIK (and I'm checking) so they can't evict me (by ending his contract) unless he doesn't pay the rent. In which case they'd probably prefer it if I paid them directly anyway.

It wouldn't hurt to check but he is the one who signed the contract so he would be liable for breaching it not you.

True, if he gets "evicted" (even though he's not living there) though doesn't that mean I also get evicted b/c my contract's with him?

I will have to check with Shelter and the CAB I think

True, if he gets "evicted" (even though he's not living there) though doesn't that mean I also get evicted b/c my contract's with him?

I will have to check with Shelter and the CAB I think

Yeah definitely check. I'm no lawyer.

My friend did get legal advice on subletting because he wanted to sublet and was told it was legal unless it said otherwise in the contract.

But like I said, I don't know what would happen regarding eviction. It wouldn't make sense that the landlord had no way of getting the property back just because the tenant sublet so I'm guessing there would be some way of evicting you.

You would think in that situation though that it would make sense for both parties for you to just pay the rent to the agency. Why would they want to pay the cost of eviction when they have a tenant willing to pay rent?

Yeah definitely check. I'm no lawyer.

My friend did get legal advice on subletting because he wanted to sublet and was told it was legal unless it said otherwise in the contract.

But like I said, I don't know what would happen regarding eviction. It wouldn't make sense that the landlord had no way of getting the property back just because the tenant sublet so I'm guessing there would be some way of evicting you.

You would think in that situation though that it would make sense for both parties for you to just pay the rent to the agency. Why would they want to pay the cost of eviction when they have a tenant willing to pay rent?

Thanks anyway Yes, I'm guessing they might want a new contract in that situation anyway though which leaves us back at square 1 because then I still have to pay the admin fees (which are something like £300). But if I say no to that they'd obviously rather want the rent anyway than not.

The thing is though, if I paid him and then he didn't pay the agency we would still be short a month's rent. Though he is at a uni here so I could tell them

Thanks anyway Yes, I'm guessing they might want a new contract in that situation anyway though which leaves us back at square 1 because then I still have to pay the admin fees (which are something like £300). But if I say no to that they'd obviously rather want the rent anyway than not.

The thing is though, if I paid him and then he didn't pay the agency we would still be short a month's rent. Though he is at a uni here so I could tell them

It is up to them to chase him for what he owes them. He signed the contract. He could not pay the rent whether you move in or not.