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What's involved in subletting?

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513 views 3 replies latest reply: 18 April 2015
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Tenant

have been asked if I’d take on the two bedroomed flat I’ve rented a room in for the last year. 

The he landlady being pregnant again doesn’t need or want the hassle of tenant churn. 

Tempted to give it a go as its a krakin flat but need to be clear on what’s involved first. 

Can an anyone here slighted me?

Particularly with regard to tax implications for income. 

Thankyou

james

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Administrator

Hi James

If I understand this correctly, you’re being asked to rent the entire flat instead of just the room you currently have? And you’re thinking about subletting the second room.

If that’s the case then make sure the landlord is happy for you to do that (get it in writing) as most tenancy agreements prohibit subletting without the landlord’s permission. Other than that you can take a number of approaches, from a casual arrangement to a full subletting agreement. It’s a good idea to get the new tenant to pay their rent direct to the landlord to avoid a position in which the landlord can claim she didn’t know. More info, in detail, can be found here.

Alex

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Tenant

 

As a tenant with a sub tenant I’d be in the position where I’d have paid a deposit with the landlady and a sub tenant a deposit with me. 

Is that a ok?

Would I be liable for the full amount council tax?

What tenancy agreement would a sub tenant and I need?

What tenancy agreement would the Landlady and I need?

Is Incoming money from the sub let tax free, under the rent a room scheme, up to £4250?

Must the income be declared anyway?

Thank You

James Horne. 

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Administrator

Hi James

Basically, you are the sub tenant’s landlord – if you look at it like that then you just need to replicate the arrangements you make with the landlord with the subtenant.

In terms of the tenancies, you and the landlord need a standard shorthold assured tenancy like this one. You and the subtenant need a sublet agreement – if you google that you might be able to find examples or you could buy a standard form one from a solicitor.

With the tax position, it does look that way but you’ll need to speak to HMRC to confirm your own position – or to an accountant. 

In terms of the council tax I know that if you live alone and sublet you lose the single person discount, which would indicate that your subtenant needs to be put onto the countil tax account for the property too – which would make them liable for half the council tax. Call your local authority and find out.

Alex

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