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Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 19544
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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Hi, Just wanted to ask a question about a flat we were about

Resolved Question:

Hi,
Just wanted to ask a question about a flat we were about to rent.
After asking the 'live out landlord' a number of questions, it has become clear that they are not a live out landlord, but in fact renting the property from a Housing Association. They have not been able to clarify whether there tenancy agreement will allow us to occupy the property and have not been able to provide us with a tenancy agreement, stating that they can only provide a 'license to occupy'. The license to occupy is a word processed agreement stating how much rent we'll be paying, bills included and bills we'd have to pay for and the initial tenancy period the license will be for. Are they allowed to do this and do we have any legal rights should something go wrong?
Submitted: 10 months ago.
Category: UK Property Law
Expert:  Jo C. replied 10 months ago.

Jo C. :

Hi Thank you for your question. My name is XXXXX XXXXX X will try to help with this.

Jo C. :

I am just on my way into the office and will get to this asap.

Customer:

Thank you

Customer:

Hi Jo, just wondering if I'll get an answer to this today or if there is a 24 hour wait period?

Jo C. : I'm sorry for the delay. I lost my internet connection.
Jo C. : If its ok I'm going to convert this to q and a so that I can see your responses?
Expert:  Jo C. replied 10 months ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

What happens now?

If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.
Customer: replied 10 months ago.

No, that's fine

Expert:  Jo C. replied 10 months ago.
I'm sorry but I cannot see your responses so I'll opt out to see if others can help.

Thanks for your interest in me.
Expert:  Stuart J replied 10 months ago.

I have been asked to look at this for you.

Have you checked who own the property? Have you asked the "landlord" why this isn't an AST?

And?

You can find out who owns it here for £3 https://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_SjzS0tDQwMTIxMjLXj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0c6McFQH3SLFU/

 

Customer: replied 10 months ago.

A Housing Association owns the property, and the landlord has an AST with the housing association, but states they can not provide us with an AST as they are not the direct landlord- they can only provide a licence to occupy. in essence they are a tenant of the Housing Association

Expert:  Stuart J replied 10 months ago.

Have you asked the landlord for a copy of his AST?

Does it allow subletting?

Have you asked him to confirm this in writing?

have you asked the Housing Association?

Customer: replied 10 months ago.

Thank you for your reply.


The landlord is being very reluctant to provide a copy of his AST, but is adamant that he is allowed to let the property out if the Housing Association is informed that he will be going away for a few months, and someone will be covering the rent. The only problem is, this is a long term let with an initial letting period of 6 months. Is he able to issue a licence to occupy agreement if his AST does allow subletting?

Expert:  Stuart J replied 10 months ago.
If his AST doesn't allow subletting he isn't allowed to sublet by AST or licence.
Customer: replied 10 months ago.

Thank you.


I've just spoken to the Housing Association who confirmed that their tenancy agreements do not allow subletting, particularly if the tenant themselves is paying rent and not on a shared ownership agreement or looking to obtain a lodger. I guess entering into any such agreement with this 'landlord' and signing the licence to occupy would nullify any legal/ tenants rights we would ordinarily have, as he himself would be in breach of tenancy.

Expert:  Stuart J replied 10 months ago.
I suspected that which is why the landlord would not let you have a copy of his tenancy agreement. It means that your tenancy agreement would be illegal which is why he is giving you a licence and not an assured short hold. In that case, you have none of the statutory protection and you could asked to leave on reasonable notice which would probably be one month. To be honest, because of the way the landlord has behaved and obviously lied about this, I would not trust him and I would be walking away from this Does that answer the question? Can I assist further or answer any specific queries? If you have not done already, please don't forget to positively rate my answer service even if it was not what you wanted to hear. You should now see a series of buttons which enable you to rate my answer service formally. If you don't rate it positively, then the site keep your deposit and I get 0 for my time. It is imperative that you give my answer a positive rating. It doesn’t give me, “a pat on the head”, “good boy” (like ebay), it is my livelihood! If in ratings you feel that you expected more or it only helped a little, please ask. The thread does remain open for me to answer follow-up questions after rating my answer service. Rating doesn’t close the enquiry at all even though the site may give that impression. It remains open for you to read and ask for further clarification. Regards. PS Experts on here are online and off-line all day each day and weekends so please bear with me if I do not get back to you immediately. PS. I use voice type, voice recognition typing because I only type with two fingers and it would take me ages. Sometimes, a computer does not hear me correctly and you will get an incoherent word. I do try to but sometimes they slip through. I apologise therefore if anything doesn’t make sense. It is me losing it, not you. Just ask if anything is not clear please.
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 19544
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Stuart J and 4 other UK Property Law Specialists are ready to help you
Customer: replied 10 months ago.

Thank you, XXXXX XXXXX answered every question and helped to clarify the doubts I was having. Thank you very much for your time.


I will rate your service shortly

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