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The following question was recently submitted to our property experts by an individual looking for advice on how to deal with their property let. If you have got a question regarding your tenancy/property, contact us now via the link to the right.

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Q: Legalities Of Tenant Subletting Second Bedroom

What are the legalitiies of my tenant subletting their second bedroom?

From Carol Ispon | Mansfield | 21/06/2010 | Legal

A: There is no real harm in allowing your tenant to take on a lodger as long as they have both informed and received your permission. However, you should not under any circumstance allow them to sublet this bedroom on a tenancy basis.

Let me explain...

Having a lodger is not the same as subletting, as subletting essentially equates to you granting a tenancy. This means, not only are you legally bound/responsible for keeping the property (both internally and externally) in good repair, but you will more than likely be in breach of the terms of your mortgage and insurance policy, and will fundamentally lose control over part of your home. For instance, as with any tenancy agreement, you will not be allowed to check the condition of their room without their prior permission, which could spell bad news if you need to do repairs.

To be on the safe side, speak to your mortgage company, solicitor and insurance company first to see how this sublet will affect you. Only once you are happy should you give your tenant an answer.

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I have been investing since 1984, and from the good of the 1980's to the lows of the 1990's, I thought I had seen it all, but the course proved otherwise. I first heard about it from a group of friends. They had been on the course the year before... Read more

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