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    jwbroad86's Avatar
    jwbroad86 Posts: 1, Reputation: 1
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    #1

    Jan 27, 2012, 08:41 AM
    My rights as a subletter when the lead tenant isn't paying rent.
    Hi,

    We have been subletting a double room off the lead tenant in London. Everything was fine for a number of months and after speaking to the Landlord to get my name put on the lease agreement for the next period contract I have learnt the lead tenant has not been paying his rent on time and that we cannot possibly extend the contract until all outstanding rent has been paid. The other leaseholder faces losing his bond as a result of the rent not being paid and we might not see any of our security deposit.

    We have made numerous attempts, prior to learning of the situation, to obtain a contract from the lead tenant with the details of our sub-letting (rent charges, breakdown of rent monies and return of holding deposit etc) which he has not supplied to us.

    My fiancˇ and I could face eviction through no fault of our own and not see any of our security deposit because the lead tenant isn't paying his rent.

    What are our rights? Are we boned or are we boned? Are there any agencies or advice services that can help us?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jan 27, 2012, 09:35 AM
    Is the sub-letting with the knowledge and consent of the landlord?

    In my area security cannot be held for overdue rent - I don't know about the UK BUT who has the security? The roommate? The landlord?

    Yes, I'd be LIVID! If you are not on the Lease with the landlord, you are not responsible for rent - but I think you know that.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Jan 27, 2012, 12:03 PM
    The "lead tenant" is YOUR landlord. You have no relationship with his landlord except through him.

    His landlord can evict him and then send a new lease with you. But it looks like he's playing hardball and wants you to make up the arrears. In which case, you enter an agreement with him to pay the arrears and sue your landlord for the amount.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Jan 27, 2012, 12:15 PM
    Quote Originally Posted by ScottGem View Post
    The "lead tenant" is YOUR landlord. You have no relationship with his landlord except through him.

    His landlord can evict him and then send a new lease with you. But it looks like he's playing hardball and wants you to make up the arrears. In which case, you enter an agreement with him to pay the arrears and sue your landlord for the amount.


    Said a ton better than I said it - this is where I was going but I never got there.

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