Can my flatmate sublet her room without my permission? | The Tenants' Voice
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Can my flatmate sublet her room without my permission?

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531 views 1 replies latest reply: 25 October 2016

I live with one other person in a fixed term one year joint tennancy in a 2-bedroom flat in London. We are both good friends.

However within one month of moving in my flatmate has been offered an opportunity to work in Tokyo for six months. He has mentioned the possibility of ‘getting someone else in’ to sublet her room to. I have told him that this would not be okay with me, as we both signed a tennancy for one year because we wanted to live together, but if he wants to move away once the year is up then that’s fine. I hoped that would be the end of it, but unfortunately he has brought it up very casually a few more times. On a personal level I find this a bit disresepctful as I would never suggest to him that he should live with some random person for 6 months whilst I go away for work (my friends are all married, own a home, have kids etc. so it is unlikely I would be able to find another friend I would be happy to live with). As we are friends, I hope that we will be able to resolve it by discussion, but I want to check my legal rights just in case it does lead to a bigger argument. 

If he did find someone to sublet to and agreed this with the landlord (the landlord must give permission according to our tennancy agreement) then do I have any power to stop it? For example, could I refuse entry to the ‘subletter’ and if so, would he still be liable for the rent? Would the landlord be able to give permission for the sub-let without my consent? Could I prematurely end the tennancy if they insisted on going ahead with the sublet?

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As this is a joint tenancy, you and her/ him (got confused on the gender there) have equal rights. During the fixed term, nobody can change any term of the tenancy agreement without the explicit agreement of all joint renters AND the landlord. 

So, no – they can’t do it without your permission. 

There is any chance your landlord would not allow subletting, more so when the existing tenant doesn’t agree as well. 

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