Arnold
CibbuanoSub Letting your Rented Place
February 16th 2007 00:01
Sub-letting is where you enter into a residential tenancy agreement and later give another person the right to occupy all or part of the rented premises, but you keep the tenancy in your own name. You would be known as the head-tenant and the person you sub-let to is called the sub-tenant. The sub-tenant’s name is not on the original agreement, but they should enter into a further residential tenancy agreement with you. Sub-letting often occurs in share housing where there is a high turn-over of tenants.
Before you can sub-let the premises you must have the written permission of the landlord/owner of the property. A landlord can refuse permission for you to sub-let, even without reasonable grounds.
The written residential tenancy agreement you enter into with the sub-tenant should be for a shorter period than your own agreement with the landlord. In some cases it maybe beneficial not to have a fixed term agreement. When a bond is paid to you by a sub-tenant you are required to lodge the bond with the Office of Fair Trading.
The sub-tenant is responsible to repair any damages caused to the premises by them or their invitees. Where the sub-tenant fails to do this the responsibility would fall onto you. An application can be lodged within a set time to the Consumer Trader and Tenancy Tribunal for a work or compensation order against the sub-tenant. This does not remove the landlord/owner’s obligation to attend to maintenance and repairs of the premises.
It is important to be aware that there is no legal contract between the owner/landlord and the sub-tenant. Therefore, if a problem occurs with the sub-tenant, it is up to you to sort it out.
Generally you give the sub-tenant total responsibility for their part of the premises, even though some facilities may be shared. You have a landlord’s relationship with the sub-tenant. The sub-tenant has the rights and responsibilities of a tenant under the Residential Tenancies Act 1987. As head-tenant the sub-tenant pays their rent to you and you are still responsible to pay the rent to the landlord.
Before you can sub-let the premises you must have the written permission of the landlord/owner of the property. A landlord can refuse permission for you to sub-let, even without reasonable grounds.
The written residential tenancy agreement you enter into with the sub-tenant should be for a shorter period than your own agreement with the landlord. In some cases it maybe beneficial not to have a fixed term agreement. When a bond is paid to you by a sub-tenant you are required to lodge the bond with the Office of Fair Trading.
The sub-tenant is responsible to repair any damages caused to the premises by them or their invitees. Where the sub-tenant fails to do this the responsibility would fall onto you. An application can be lodged within a set time to the Consumer Trader and Tenancy Tribunal for a work or compensation order against the sub-tenant. This does not remove the landlord/owner’s obligation to attend to maintenance and repairs of the premises.
It is important to be aware that there is no legal contract between the owner/landlord and the sub-tenant. Therefore, if a problem occurs with the sub-tenant, it is up to you to sort it out.
Generally you give the sub-tenant total responsibility for their part of the premises, even though some facilities may be shared. You have a landlord’s relationship with the sub-tenant. The sub-tenant has the rights and responsibilities of a tenant under the Residential Tenancies Act 1987. As head-tenant the sub-tenant pays their rent to you and you are still responsible to pay the rent to the landlord.
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