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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10550
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Hi. I need to know whether my AST (Im the tenant) allows

Resolved Question:

Hi.
I need to know whether my AST (I'm the tenant) allows me to let a room (or rooms) in the house (it's a 4 bed terraced house) to occasional paying guests, specifically to foreign language students. These students come to the UK (for between a couple of weks and a year) to learn English; they pay their language school for schooling and accommodation, and the school looks for "host families" who provide food and accommodation for a small fee, which is paid to the host by the school. There is no contract in place between the host family and the student, nor the school, so the host can remove the student at a moment's notice. It seems to me as though these students are more akin to house guests, which a standard AST is not attampting to prohibit. The relevant clauses of my AST seem to be:
"2.31 To use the Property only as a single private residence for the occupation of the Tenant and not to carry on any formal or registered trade, business or profession there.
"2.36 Not to sub let, take in lodgers or paying guests without the prior concent of the landlord or his Agent, ..."
Many thanks
Robert
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.

Hi Robert and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

I am afraid that an AST does not allow a Tenant to share the property with any third party. As is the norm, your Tenancy agreement states at clause 2.2 not "to sub let" which means granting any third party a right to remain in the property or any part of it for any length of time.

If you therefore wish to proceed, you would need to approach your Landlord for his consent. If he does not consent, then I 'm afraid there is nothing you can do to alter his stance.

I am sorry this is not the answer you were looking for, but it sets out the legal position.

Kind Regards

AL

Customer: replied 3 years ago.

Thanks Al. That's clear. If the sub letting started without the landlord's permission, and later he found out, presumably he's become aware of a breach of the contract. What do you think might be the worst outcome (for the tenant who breached their contract) that he could push for? (I'm guessing an attampt to evict his tenant and claim damages for loss of rent during any subsequent void period).

Expert:  Aston Lawyer replied 3 years ago.

Hi Robert,

Thanks for your reply and apologies for the delay.

You are correct- the worst that can happen is that he would be able to issue proceedings to evict you on the grounds of breaching the Tenancy, together with any loss of rent for any period the property remains empty during your Tenancy Agreement period, if a possession order was granted.

I hope this helps.

Kind Regards

AL

Customer: replied 3 years ago.

Thanks Al. That's all clear. Small chance I may like to ask a follow up question in a few days, which I understand I should do by beginning my question with "For Aston Lawyer"

Expert:  Aston Lawyer replied 3 years ago.

Hi Robert,

Please feel free to ask another question in a few days, and please start it with the words "For Aston Lawyer".

In the meantime, I would be grateful if you could leave positive feedback.

KInd Regards

AL

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