UK Property Law
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Hi Thank you for your question. My name is XXXXX XXXXX I will try to help with this.
I am just on my way into the office and will get to this asap.
Hi Jo, just wondering if I'll get an answer to this today or if there is a 24 hour wait period?
No, that's fine
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?
You can find out who owns it here for £3 https://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_SjzS0tDQwMTIxMjLXj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0c6McFQH3SLFU/
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
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?
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?
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.
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