Termination of head tenancy: effect on assured [shorthold] tenancy
The common law provides that where a tenancy is determined all sub-tenancies automatically come to an end unless the superior tenancy has been determined by surrender. S.18 Housing Act 1988 nullifies this rule in relation to assured [shorthold] sub-tenancies lawfully granted by providing that where the superior tenancy is determined any such assured sub-tenancy shall continue in existence. The person who would but for the assured [shorthold] tenancy be entitled to possession of the dwelling-house becomes the new landlord [s.18(1)]. This rule will not apply if the person
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Hi
I’m not really understanding the legal speak! If my tennant wanta to sub let a room in the property she is living at, what paperwork is required if any, and what are my rights as landlord should the tennant leave?
Suzy
Hello
To be honest, this article is talking about the sub-letting of the whole property, however I assume you mean that your tenant wishes to take in a lodger.
The preferred way in this scenario would be for you to do a new tenancy agreement made out with both names on, so you become the landlord of both of them on a normal joint tenancy.
As you suggest, consenting to such an arrangement could cause problems if your tenant were to leave, leaving the lodger in the property. If you wish to give consent (rather than do a new tenancy) please give us a call so we can establish exactly what the situation will be and advise accordingly.
Many thanks
Adrian