Tenant plans on going overseas for a few weeks. Has arranged a 'housesitter' and there is (only) circumstantial evidence that rent will be paid for the duration. TA requires that subletting requires LL's written agreement. Is a housesitter a sublet? I probably will not be able to prove that rent is being paid by the housesitter as rent will continue to come in via the tenant's bank account.
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This is not subletting.
Unless your tenancy agreement specifically states that the LL must approve every adult occupant, I suspect that there is nothing you can do about this.
So long as the tenant continues to pay rent, and to be legally responsible for things like damage, then what is the problem? Good on the tenant, I say, for having the wisdom not to leave there house vacant.
My 2c worth,
Paul. -
My guess is that an aspect that would need
to be established to prove sub-letting exists
would be a general intention of the original
tenant to relinquish possession. As a return
from o'seas is proposed, I agree with Paul.Comment
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Thanks for the responses. I think the plan will be to get the tenant to advise intentions, dates and contact details in writing, which we will accept or ask to be amended depending on what they are. We will do an inspection before the housesitter comes in, and another as soon as the tenant returns. And will require the housesitter to deal with the tenant initially if any issues arise during the period.
There are other issues in this case, which make the pinning down of the arrangement advisable.Comment
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What legal obligation are the tenants under to provide such information?Originally posted by artemis
Don't forget the provisions in section 48 of the RTA pertaining to access.Originally posted by artemis
Exactly as I suspected, there is something else going on here. What are the other issues with these tenants?Originally posted by artemis
Paul.Comment
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I dont know about legal obligations but I think the info will be provided. If not, will play it by ear.
Other issues - well, there was an earlier thread about demanding Gen Y tenants. Something similar is going on here - constant minor issues, or in many cases non-issues.Comment
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Oh the joys of property investment
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Yes, you are not wrong there. This one tenant is more work than all the others put together. However, the rent is always paid, and the place looked after. So could be a lot worse.Comment
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If the rent is paid and the place is looked after, what is the concern?
At least while they are overseas they won't be wasting your time with minor issues.
Think of it as a holiday for you.Comment
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