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Lodgers and sub-tenants

Is it obligatory for everyone living in a flat to have a contract with the landlord? I am planning to move in with two friends, but one of them is still undecided so I need to know if my friend and I could sign a contract with the landlord and if my undecided friend could afterwards just move in. Is there any special agreement that must be reached between the undecided friend and the landlord when he moves in? What would his status be if he moves in later and with no contract signed and would we get evicted if the contract does not prohibit us from sub-letting or taking lodgers in? Thank you in advance for your answers.

Asked on Apr 25 2013, Renting in Aberdeen | Report content

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  • Hi JayGeorge, The only real way to be able to get a definitive answer on this subject is to speak to the landlord when the time comes to sign your contract. This is because some agreements will allow subletting, while others will expressly forbid it. If you fall into the latter category and you still opt to have your friend live there, then the landlord could evict you for breaching the terms of your agreement. The best advice you can take is to ask at first what the situation is with a regards to a friend who might come along at a later date. The landlord may very well be happy to add them to the contract at that time, but it will be important to get clarification first. The last thing you want to do is to invite someone to stay when you are not sure how this will go down, as you could end up with an eviction notice served against you. Many thanks, Scott

    Answered on May 3 2013, Report content
  • Http:// The answer really is that yes, your undecided friend should be really make up their mind and be on that tenancy agreement. If for no other reason that in fact that you are all chipping in for the rent and then that friend doesn’t, for some reason just tells you he is not going to pay, the landlord can only look to you and your other friend for that rental payment. So, in other words, you will be responsible for 50% rather than a 3rd. So, what you could try to do is form compromises to let the landlord know that at this stage it’s only the 2 of you, but it may be 3, would that be okay? Because as you know by the sound of it, most tenancy agreements do prohibit subletting because the last thing that the landlord wants is to meet a very nice tenant i.e. you and then you just sub-let various rooms to any number of people that he hasn’t actually met. Also, that could lay landlords open for having a house in multiple occupation, which is where you have numerous unrelated people living in the same property which brings a whole lot of problems to that landlord if that were the case. He will only want to let to you two or the 3rd person, but you can hopefully appeal to his better nature, and he may be flexible on that and allow a later sub-let in effect. I hope that helps a bit. If you got any other queries, just let me know.

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    Answered on Sep 24 2013, Report content

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