Sub-lets and Part IV

Samuel T. Cogley

On reading another thread recently a poster made reference to a licensee gaining Part IV rights, should they be there more than six months. For example, A rents to B and B sublets to C under rent a room, C can gain Part IV rights. My reading of it would also go further suggesting C's Part IV rights could be instant if B has been in occupation for more than six months, but I stand to be corrected on that latter point.

See generally Section 48 RTA 2004 onwards (Chapter 6)

Then we have:

16.—In addition to the obligations arising by or under any other enactment, a tenant of a dwelling shall—

(k) not assign or sub-let the tenancy without the written consent of the landlord (which consent the landlord may, in his or her discretion, withhold),

(n) notify in writing the landlord of the identity of each person (other than a multiple tenant) who, for the time being, resides ordinarily in the dwelling.

(n) would seem to imply that someone can just move in, a boyfriend for example, or perhaps other temporary guest and the only obligation is notification. Where does this leave the LL if this guest attempts to assert rights under Section 48 et sequence*. (k) would seem to be the saver but is it not defeated by Chapter 6?

Purely hypothetical and feel free to fire this over to Legal Discussions if you feels it's more appropriate there, IIRC discussion of the RTA in the hypothetical is allowed here, but either way I defer to where you feel the thread is best suited.

*I may have just made et sequence up - I thought it was a thing :pac: Seriatim? I dunno anyway the following yokes!

Edit: Maybe I just over complicated this and (k) simply creates the requirement under (n) but I've written it now so!

davindub

Samuel T. Cogley wrote: »

On reading another thread recently a poster made reference to a licensee gaining Part IV rights, should they be there more than six months. For example, A rents to B and B sublets to C under rent a room, C can gain Part IV rights. My reading of it would also go further suggesting C's Part IV rights could be instant if B has been in occupation for more than six months, but I stand to be corrected on that latter point.

See generally Section 48 RTA 2004 onwards (Chapter 6)

Then we have:

16.—In addition to the obligations arising by or under any other enactment, a tenant of a dwelling shall—

(k) not assign or sub-let the tenancy without the written consent of the landlord (which consent the landlord may, in his or her discretion, withhold),

(n) notify in writing the landlord of the identity of each person (other than a multiple tenant) who, for the time being, resides ordinarily in the dwelling.

(n) would seem to imply that someone can just move in, a boyfriend for example, or perhaps other temporary guest and the only obligation is notification. Where does this leave the LL if this guest attempts to assert rights under Section 48 et sequence*. (k) would seem to be the saver but is it not defeated by Chapter 6?

Purely hypothetical and feel free to fire this over to Legal Discussions if you feels it's more appropriate there, IIRC discussion of the RTA in the hypothetical is allowed here, but either way I defer to where you feel the thread is best suited.

*I may have just made et sequence up - I thought it was a thing :pac: Seriatim? I dunno anyway the following yokes!

Edit: Maybe I just over complicated this and (k) simply creates the requirement under (n) but I've written it now so!

Let is a specific term referring to leases (transfer of property rights) so there is no obligation to inform the landlord of licensee's (except for a licensee asking for permission for part 4 rights, permission can't be withheld unreasonably).

Offhand:

C won't have any part 4 rights moves in without landlord's knowledge, until 6 months have passed, but obviously benefits from B's Part 4 rights. The lease ends if B moves out, LL regains property rights.

If C moves in with landlords consent, I don't know for sure under the RTB, but I would assume the part 4 rights would no longer expire if B moved out. The lease continues.