Should I allow good tenant to sub-let?

Grainne12345

Hi Everyone,
I wonder if someone might be able to give me some advice on the pros and cons of subletting.  I have an apartment in Blackrock that I've been renting to the same tenant for 6 years.  He is a very good tenant, so I have kept the rent at 1,250 rather than the going rate of 1,900 per month.  This year, we have agreed to a new rate of 1,500, and he has asked if he can let out the second room to help with the rent.  I agreed, and he has found someone that seems fine.  He has now requested that the contract with the new tenant be directly with me, rather than a sublet with him.  Personally I would prefer that the contract is between my tenant and the sub-lettor. I have confidence in my tenant who has always paid on time, and has kept the apartment is excellent condition.  Additionally, if the two people had a falling out, I would hate for my good tenant to leave and I be left with a tenant that I do not know. Also, for the past year I have not had a written contract in place.  I believe (but could very well be incorrect) that if my tenant leaves, under the new laws, I will not be able to raise the rental price more than 4% of the last contract price, for 4 years.  Therefore, it would be in my interest to keep away from new contracts.  Is that correct?  Any advice would be really appreciated!!  Many thanks.

I would advise him that he is much better having the person as a licensee of him rather than adding them to the lease. Remind him that if the person is on the lease then he can't ask them to leave etc whereas if they pay rent to him the person has no rights and he can get rid of them very quickly and easily big they aren't working out.

Grainne12345

Many thanks!

Grainne12345

Many thanks!

davindub

Grainne12345 wrote: »

Hi Everyone,
I wonder if someone might be able to give me some advice on the pros and cons of subletting.  I have an apartment in Blackrock that I've been renting to the same tenant for 6 years.  He is a very good tenant, so I have kept the rent at 1,250 rather than the going rate of 1,900 per month.  This year, we have agreed to a new rate of 1,500, and he has asked if he can let out the second room to help with the rent.  I agreed, and he has found someone that seems fine.  He has now requested that the contract with the new tenant be directly with me, rather than a sublet with him.  Personally I would prefer that the contract is between my tenant and the sub-lettor. I have confidence in my tenant who has always paid on time, and has kept the apartment is excellent condition.  Additionally, if the two people had a falling out, I would hate for my good tenant to leave and I be left with a tenant that I do not know. Also, for the past year I have not had a written contract in place.  I believe (but could very well be incorrect) that if my tenant leaves, under the new laws, I will not be able to raise the rental price more than 4% of the last contract price, for 4 years.  Therefore, it would be in my interest to keep away from new contracts.  Is that correct?  Any advice would be really appreciated!!  Many thanks.

You probably should brush up on the relevant legislation
https://www.flac.ie/download/pdf/landlord_and_tenant2016.pdf

I think it goes over the subject of licensee's somewhere, but the gist of it is, you cannot refuse to accept the request without good reason. But you never know, they might equally be a good tenant, the current tenant sounds like someone you can trust, ask them.

The amount you can raise the rent 4% per annum rather than on last contract.

Grainne12345

Thanks, Davindub.