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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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Not assign, underlet or part with or share possession of the

Resolved Question:

Not assign, underlet or part with or share possession of the whole or any part of the Property without the permission of the Landlord, such permission not to be unreasonably withheld. however, the landlord rejected the request to sublet the spare bedroom with reason being bad past experience with two student sharing the flat. is this a reasonable reason to reject the request?
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

Customer:

hi, thanks for your help.

tdlawyer :

Does the tenancy agreement set out any grounds the landlord must consider to decide whether to proceed and grant consent?

Customer:




  1. Not assign, underlet or part with or share possession of the whole or any part of the Property without the permission of the Landlord, such permission not to be unreasonably withheld.





Customer:

this is all it says about subletting

tdlawyer :

Okay. To say he has had a bad experience in the past isn't likely to be a good enough reason. Otherwise, the agreement would just prevent it outright now.

Customer:

however, the term 'unreasonab

tdlawyer :

Factors concerning the proposed tenants are more relevant, i.e. can they pay, do they have references etc.

Customer:

i have already paid two years of rent upfront, so he will have no problem with rent

tdlawyer :

Okay, then I'm not sure he seems to have a basis to refuse.

Customer:

plus 8 weeks of deposite

Customer:

ok, thanks for you rhelp

tdlawyer :

That's okay.

tdlawyer :

Is there anything else you want to ask me about this?

Customer:

yes, so i wonder what can i do in order to sublet the flat? as the landlord has refuse the request? what action should i be taking?

tdlawyer :

You might be able to proceed anyway and do it without it being in breach of your tenancy. This is because you would say he is in breach of the agreement by refusing consent. What people usually do in this instance though, just to be sure, is issue county court proceedings using a Part 8 Claim form (available here: http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=424) to confirm that consent has been unlawfully withheld.

tdlawyer :

Then if the court agrees, you can proceed safely knowing his lack of consent doesn't matter and you're not in breach of the agreement for subletting.

Customer:

thank you!

tdlawyer :

No problem!

tdlawyer :

I doubt he will want to fight you over this to be honest - so if you threaten to do it, you might get a change of approach by him!

tdlawyer :

Are you happy with the service today please?

Customer:

yes, thank you very much

tdlawyer :

You're welcome!

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