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23-05-2020, 02:42   #16
s1ippy
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Originally Posted by Russel Dsouza View Post
Hello,

Two of my roommates are moving out at the end of May due to the pandemic situation and will be going back to their home town.

I am unable to afford the entire rent on my own. As a result, I have found two others as replacements to facilitate the same. The landlord, however, has refused to accept the new roommates on unclear grounds. The landlord states that they do not have the financial stability to rent the apartment. Each of the tenants have shown funds equivalent to at least 6 months of rent as well as 20-30 hours of part time work payments which will be ongoing.

I really need these replacements else it will be a major monetary loss for me and my previous roommates as well (they will lose their deposit so will I).

What can I do in this regards if the landlord is unwilling to accept replacements and wants the existing 3 tenants to continue paying the rent till the termination of the contract (11 months)?
Could it be that your contract will be up soon and the landlord wants the property then, so they don't want to take in new people?
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23-05-2020, 10:42   #17
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Do you rent the entire property yourself (not just a room), and will you be the only one on the tenancy when your current roommates leave? If so, you can take on those new roommates as licensees under you. Your landlord has no say in the matter; the only requirement is that you provide the landlord with their names. Once they are residing in the property as your licensees, if you have a Part 4 tenancy, then they can request to become full tenants under your tenancy and the landlord cannot unreasonably refuse (although they won't acquire Part 4 rights themselves until they've been living there for a total of six months either as your licensee or as a full tenant, so if you were to leave yourself before that time, the landlord could then end their tenancy without giving a reason). See this document for full details.

Note that while they are licensees, you will be responsible for the entire rent paid to your landlord for the property, whether your licensees pay you their own rent or not, so keep that in mind when selecting your new roommates and do your homework properly.

Edit: Note that taking on a housemate as a licensee is *not* subletting or assignment; people often get the terms confused. Subletting is letting out the entire property to another occupant while you are no longer residing there yourself (but still keeping the tenancy in your name), and assignment is transferring the tenancy to someone else's name when you vacate the property. The rule allowing you to break your lease if the landlord refuses to allow a sublet or assignment doesn't apply to the landlord refusing to allow you to invite a licensee to live with you in your place, because the landlord can't refuse permission for the latter.

Last edited by dennyk; 23-05-2020 at 10:46.
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23-05-2020, 13:34   #18
nox001
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Originally Posted by dennyk View Post
Do you rent the entire property yourself (not just a room), and will you be the only one on the tenancy when your current roommates leave? If so, you can take on those new roommates as licensees under you. Your landlord has no say in the matter; the only requirement is that you provide the landlord with their names. Once they are residing in the property as your licensees, if you have a Part 4 tenancy, then they can request to become full tenants under your tenancy and the landlord cannot unreasonably refuse (although they won't acquire Part 4 rights themselves until they've been living there for a total of six months either as your licensee or as a full tenant, so if you were to leave yourself before that time, the landlord could then end their tenancy without giving a reason). See this document for full details.

Note that while they are licensees, you will be responsible for the entire rent paid to your landlord for the property, whether your licensees pay you their own rent or not, so keep that in mind when selecting your new roommates and do your homework properly.

Edit: Note that taking on a housemate as a licensee is *not* subletting or assignment; people often get the terms confused. Subletting is letting out the entire property to another occupant while you are no longer residing there yourself (but still keeping the tenancy in your name), and assignment is transferring the tenancy to someone else's name when you vacate the property. The rule allowing you to break your lease if the landlord refuses to allow a sublet or assignment doesn't apply to the landlord refusing to allow you to invite a licensee to live with you in your place, because the landlord can't refuse permission for the latter.
All totally incorrect. The LL can 100% prohibit anyone moving into his house and prevent a tenant having licences. No idea what possessed you to think otherwise.

Last edited by nox001; 23-05-2020 at 13:41.
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23-05-2020, 15:30   #19
dennyk
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All totally incorrect. The LL can 100% prohibit anyone moving into his house and prevent a tenant having licences. No idea what possessed you to think otherwise.
The RTB appears to disagree:

Quote:
While the tenant is under a statutory obligation to inform the landlord of the identity of any person resident in (rather than just visiting) the dwelling, the landlord will not be in a position to accept or veto the individual concerned in the way that he/she could with a prospective tenant.
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23-05-2020, 15:42   #20
Mrs OBumble
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Most leases have a clause which says you do need the landlord's permission for anyone new to move in.
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23-05-2020, 16:07   #21
davindub
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Most leases have a clause which says you do need the landlord's permission for anyone new to move in.
They don't because such a term is unenforceable.

Unless you write your own lease or get one from the internet.
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23-05-2020, 16:53   #22
nox001
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It’s rubbish, you are taking something out of context. There is no way on earth a LL does not have the right to control who lives in his property.

Every lease would exclude this and it would be 100% enforceable.

Last edited by nox001; 23-05-2020 at 22:48.
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23-05-2020, 17:08   #23
Graham
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There is no way on earth a LL does not have the right to control who loves in his property.


I've met some control-freak type landlords in my time but that's just going TOO far.

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23-05-2020, 22:50   #24
nox001
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I've met some control-freak type landlords in my time but that's just going TOO far.

typo corrected.
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23-05-2020, 23:25   #25
davindub
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It’s rubbish, you are taking something out of context. There is no way on earth a LL does not have the right to control who lives in his property.

Every lease would exclude this and it would be 100% enforceable.
Yet not one enforced case in 16 years of the RTA. Where do you get your insights from?
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26-05-2020, 15:57   #26
Curious1002
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My modest input... Pay your rent part as normal and move out given a proper notice. If the LL opens a dispute against you with the RTB about the unpaid rent for the other 2 tenants, simply show the adjudicator what effort you have made to replace the other 2 tenants who left due to Corona and that the LL did not agree for them. Make sure you have text messages, email correspondence, daft ads, 2 old and new tenants as witnesses (not necessary but helpful). Case will be closed on your favour faster than a fart gone with the wind.
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