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Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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If I as a tenant, have been given permission by my landlord

Customer Question

If I as a tenant, have been given permission by my landlord to sublet ( and I will still live in the property too) , is there a limit to what I can charge that new tenant? For example, can I charge 100% of the rental amount that I usually paid or does
it have to be 50% usual amount of that?
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
No, you can charge whatever you want. It can be more than 100%. It's whatever you can feel you can get.
Can I clarify anything for you about this today please?
Customer: replied 2 years ago.
Ok, so just to clarify, if the original landlord is charging me £1000pcm and has given me permission to sublet, I can actually charge the new tenant the FULL £1000pcm even though I too will still be living in the property too?Is a standard assured shorthold tenancy agreement between myself and the new tenant ok?Will there be any repercussions with this arrangement if the new tenant, a non UK national, goes on to claim 25% of the rent he pays as an allowable expense as part of his expenses each month? (This is allowable according to HMRC)Should HMRC do a random check on this tenants expenses claim and identify me as the "landlord" in this case, would I have needed to have declared this £1000pcm income when really I am passing this money to the original landlord - it is not income as such?I would be grateful for clarity on each of these 4 points.Elizabeth
Expert:  Ash replied 2 years ago.
You can charge £1000 or even more. Yes you can issue an ast. As for Hmrc you would need to check the position with them. You may have to pay tax on the income.