Subletting

mac09 · 15-09-2010 12:00am #1

Hi guys

Just looking for information regarding subletting (i would be the person subletting). Cant seem to find anything relevant on threshold or citizens info.

I understand that one person is the leasee (their name is on the contract with the landlord) and that they actually have more rights than the landlord in my respects because they live in the house. The person subletting is the licensee and has less rights, although i cant seem to find out what these lesser rights are? can anyone shed any light on these?

Also, i Would like to know is the leasee obilged to provide a contract to the licensee and what format does this usually take? (is it majorly different to a conventional tenant contract)

Any other info or experiences people would like to offer would be great. Do you think subletting is a good or bad idea?

Cheers for any help

djimi · 15-09-2010 10:49am

Well first of all you will need to check with the landlord that subletting is allowed. Any contract Ive ever signed has explicitely said subletting was forbidden.

mac09 · 15-09-2010 2:36pm

djimi wrote: »

Well first of all you will need to check with the landlord that subletting is allowed. Any contract Ive ever signed has explicitely said subletting was forbidden.

the individual subletting wont provide landlord details which is a bit suspect to me.

Anyone else have any general info on subletting?

convert · 15-09-2010 2:54pm

mac09 wrote: »

the individual subletting wont provide landlord details which is a bit suspect to me.

Anyone else have any general info on subletting?

So have I got it right in that you are thinking of renting a room/apartment from an individual who already has a lease with the landlord (i.e. they are subletting to you)?

Most contracts/leases will state that subletting by the leasee is prohibited and that the lease is consequently invalidated, which means that the other tenant (and you) will have to leave the house.

If the other tenant is hesitant (or unwilling) to provide the landlord's details, then it could be very likely that they do not wish the landlord to know that they are subletting a room to you, possibly because their lease does not permit it.

Regarding the rights of a licensee, as far as I know you do not have the same rights as a tenant - e.g. you can be given much shorter notice to leave, you do not have the same rights as under a lease or under a Part 4 tenancy regarding notice to quit, reasons why you must leave, etc. It would be more akin to leaving with an owner/landlord and renting a room in their house.

If you are subletting, it is a good idea to have some sort of contract with the person leasing to you - i.e. from minimum notice to quite required by both parties to something as 'mundane' as parking in the drive (this has actually caused issues in the past and cropped up in a few threads over the while). You could also ask for a clause regarding payment of your deposit and rent and the issuing of receipts. If this is being paid to the individual rather than the landlord, then you need some kind of papertrail for your own protection.

It might also be a good idea to contact the PRTB and seek their advice regarding this as they see this kind of issue very frequently.

mac09 · 15-09-2010 3:14pm

convert wrote: »

So have I got it right in that you are thinking of renting a room/apartment from an individual who already has a lease with the landlord (i.e. they are subletting to you)?

Most contracts/leases will state that subletting by the leasee is prohibited and that the lease is consequently invalidated, which means that the other tenant (and you) will have to leave the house.

If the other tenant is hesitant (or unwilling) to provide the landlord's details, then it could be very likely that they do not wish the landlord to know that they are subletting a room to you, possibly because their lease does not permit it.

Regarding the rights of a licensee, as far as I know you do not have the same rights as a tenant - e.g. you can be given much shorter notice to leave, you do not have the same rights as under a lease or under a Part 4 tenancy regarding notice to quit, reasons why you must leave, etc. It would be more akin to leaving with an owner/landlord and renting a room in their house.

If you are subletting, it is a good idea to have some sort of contract with the person leasing to you - i.e. from minimum notice to quite required by both parties to something as 'mundane' as parking in the drive (this has actually caused issues in the past and cropped up in a few threads over the while). You could also ask for a clause regarding payment of your deposit and rent and the issuing of receipts. If this is being paid to the individual rather than the landlord, then you need some kind of papertrail for your own protection.

It might also be a good idea to contact the PRTB and seek their advice regarding this as they see this kind of issue very frequently.

Thank you very much. Appreciate the quick reply

slystallone · 28-05-2022 9:17pm

https://www.boards.ie/discussion/comment/68020126#Comment_68020126

Has anyone ever had a landlord agree to subletting? would be good to hear some feedback - If i was a landlord I would be slow in allowing it.

dennyk · 28-05-2022 10:13pm

https://www.boards.ie/discussion/comment/119128182#Comment_119128182

It's definitely not in the landlord's interest to allow it; it basically results in them losing control over selecting a tenant, as a licensee can make a request to become a full tenant which the landlord cannot unreasonably refuse, and their time as a licensee counts towards their acquisition of Part 4 rights.

That said, landlords would have to explicitly prohibit tenants from taking on licensees in the tenancy agreement. If they don't do so, then a tenant is free to take on a licensee and they don't require the landlord's permission to do so. The law only requires the tenant to provide the landlord with the names of any licensees they take in; it doesn't give the landlord the right to veto the tenant's selection. If the tenancy agreement prohibits taking in new licensees without authorisation, then doing so would be a breach of the lease and cause to end the tenancy, but if the agreement is silent on the matter, the landlord has absolutely zero say in the matter.

The RTB used to have a handy leaflet explaining the practice, but it got taken down when they revamped their web site a while back. A copy can still be found here, however:

https://docplayer.net/27921090-B-persons-staying-in-hotels-guesthouses-hostels-etc-b-persons-sharing-a-house-apartment-with-its-owner-e-g-under-the-rent-a-room-scheme.html

It's also important to note that, contrary to popular belief, taking on a licensee isn't "subletting", it's taking on a licensee. "Subletting" as defined in the RTA refers to the practice of the main tenant vacating the property entirely and subletting the entire property out to a subtenant. Unlike taking on a licensee, subletting actually does require permission from the landlord whether or not the lease agreement says anything about it, as that is a regulation in the RTA itself.

slystallone · 28-05-2022 10:31pm

what's peoples experience of breaking a lease and getting deposit back (provided house is in good condition)? A rare occurrence?

Caranica · 28-05-2022 11:39pm

https://www.boards.ie/discussion/comment/119128584#Comment_119128584

Nothing to do with subletting? Might be better off in its own thread

Subletting

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