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Subletting

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  • 29-02-2016 11:02pm
    #1
    Melisandre121
    Registered Users Posts: 1,117 ✭✭✭


    Do you think a person who is subletting an apartment from someone whose name is legally on the lease is entitled to the same rights in terms of having guests over etc?


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    #2
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    A sub lease can contain more restrictive covenants.

    It generally cannot expand on the head lease, the sub tenant should put themselves on notice of what the head lease contains.

    But "guests over" is an unusual term in any lease. The whole point of a lease is exclusive possession. Now there are often restrictions on noise, parties, parting with possession etc. But not on having third parties attend at the premises.


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    #3
    beach_walker
    Users Awaiting Email Confirmation Posts: 976 ✭✭✭beach_walker


    I thought was just something that yanks in sitcoms did.


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    #4
    stoplooklisten
    Registered Users Posts: 2,492 ✭✭✭stoplooklisten


    Melisandre121 wrote: »
    Do you think a person who is subletting an apartment from someone whose name is legally on the lease is entitled to the same rights in terms of having guests over etc?

    no, they should have fewer rights and be subservient to the great leader and lease holder


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    #5
    Penny Tration
    Closed Accounts Posts: 12,687 ✭✭✭✭Penny Tration


    They're a licensee and therefore do not have the same rights as the tenant (leaseholder). The tenant is their landlord, and can kick them out with no notice, unless otherwise specified in writing by the tenant.

    So while the licensee SHOULD have equal rights to guests and so on, they don't. it's totally up to the lease holder.


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    #6
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Penny Tration wrote: »
    They're a licensee and therefore do not have the same rights as the tenant (leaseholder). The tenant is their landlord, and can kick them out with no notice, unless otherwise specified in writing by the tenant.

    So while the licensee SHOULD have equal rights to guests and so on, they don't. it's totally up to the lease holder.

    A sub tenant is not a licensee. A sub tenant has a leasehold interest too. They just can't expand on the head tenancy.

    A licence is not a tenancy at all, it is merely permission. It is a different legal relationship.

    Of course, most residential lettings expressly prohibit the creation of a sub tenancy without the consent of the landlord.


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    #7
    Penny Tration
    Closed Accounts Posts: 12,687 ✭✭✭✭Penny Tration


    [Deleted User] wrote: »
    A sub tenant is not a licensee. A sub tenant has a leasehold interest too. They just can't expand on the head tenancy.

    A licence is not a tenancy at all, it is merely permission. It is a different legal relationship.

    Of course, most residential lettings expressly prohibit the creation of a sub tenancy without the consent of the landlord.

    There's no mention of a sub tenant. There's mention of a sub letting. a sub letting is when the person is not put on the lease, which makes them a licensee.


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    #8
    Ken.
    Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    Mod-Moved to Accommodation & Property. Read the charter before posting.


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