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Old 19.11.2012, 00:16
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Asked to strike out the No subletting clause

I'm not using an agent, and the front man for the owner (who lives in the building) has presented me with a tenant agreement, but wants me to cross out the no-sub-letting clause.

We've been advised not to strike it out. And that it is perfectly normal to leave it in there.

Also, I've been told that the work will be done by Dec (early) (my move in date) but the contract says there will be noise. Why have it in the contract if the work is going to be finished by the time I move in?

Also, the land outside is just mud and will stay that way until the lay grass in the Spring.

What do you think?
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Old 19.11.2012, 00:21
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Re: Asked to strike out the No subletting clause

Keep your options open... It's a letters market, but if you have choices, move on.
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Old 19.11.2012, 06:49
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Re: Asked to strike out the No subletting clause

If the owner lives in the building i can see why he wants to decide qho lives their and obviously he's happy with you but maybe not somebody else who he has no control over in his building.

View it's a private rental, i think he has the right, providing you both agree and sign a contract accordingly. If you don't agree, don't sign and if you do sign, don't expect it to change when and if you want to sub-let
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Old 19.11.2012, 06:57
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Re: Asked to strike out the No subletting clause

I'd never allow a tenant to sublet if I lived in the same complex. Good luck with your decision.
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Old 19.11.2012, 08:30
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Re: Asked to strike out the No subletting clause

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I'd never allow a tenant to sublet if I lived in the same complex. Good luck with your decision.
I would never allow my tenants to sublet full stop and no good agent would advise their clients to either. It opens up a giant minefield.

However say (I don't know your situation) your new SO moved in, I'm sure the landlord would be open to amending the lease for the new person. However leaving it so you could run a backpackers hostel no way.

Work at this time of year is weather dependent they are hedging their bets.

D
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Old 19.11.2012, 11:15
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Re: Asked to strike out the No subletting clause

Did the OP get the title and opening post wrong, or are you all mis-reading it?

The title is "asked to strike out the No subletting clause" which means the landlord wants to give the tenant the right to sublet, which is currently not allowed.
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Old 19.11.2012, 11:19
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Re: Asked to strike out the No subletting clause

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The title is "asked to strike out the No subletting clause" which means the landlord wants to give the tenant the right to sublet, which is currently not allowed.
Exactly my thinking... seems everyone's got the wrong end of the stick here!
Why is it a problem that the landlord / frontman wants to give you the option to sublet if you so wish??
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Old 19.11.2012, 11:20
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Re: Asked to strike out the No subletting clause

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Exactly my thinking... seems everyone's got the wrong end of the stick here!
Why is it a problem that the landlord / frontman wants to give you the option to sublet if you so wish??
We all mis-read it because what a strange thing i) to want to do as landlord ii) be worried about as a tenant.
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Old 19.11.2012, 11:30
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Re: Asked to strike out the No subletting clause

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I'm not using an agent, and the front man for the owner (who lives in the building) has presented me with a tenant agreement, but wants me to cross out the no-sub-letting clause.

We've been advised not to strike it out. And that it is perfectly normal to leave it in there.

Also, I've been told that the work will be done by Dec (early) (my move in date) but the contract says there will be noise. Why have it in the contract if the work is going to be finished by the time I move in?

Also, the land outside is just mud and will stay that way until the lay grass in the Spring.

What do you think?
because if it is not finished by december and there is noise, they've told you there is noise so you can't complain and reduce rent. in fact, maybe it will be finished next december. who knows? ditto for grass.
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Old 19.11.2012, 11:34
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Re: Asked to strike out the No subletting clause

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We all mis-read it because what a strange thing i) to want to do as landlord ii) be worried about as a tenant.
Ha ha that's so funny!

So someone asks one question, and people should reply based on what they think the question should be?
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Old 19.11.2012, 12:11
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Re: Asked to strike out the No subletting clause

I read it the same as Adrian and was confused why the OP would be hesitant to take the clause out.

Anyway, the landlord can not prevent you from subletting, which is probably why he is asking that the clause be taken out.

Whether sub-letting is a good idea is a different question. I don't see the problem, personally. I've sub-letted a few apartments in my time.
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Old 19.11.2012, 15:18
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Re: Asked to strike out the No subletting clause

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Anyway, the landlord can not prevent you from subletting, which is probably why he is asking that the clause be taken out.
It's not quite a free for all for the tenant: there is in any event an information duty and also some grounds for denial, the most relevant one being if the tenant has permanently stopped living in the property themself.

This is an interesting difference to UK property rental law.
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Old 19.11.2012, 15:30
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Re: Asked to strike out the No subletting clause

I'm so happy I'm not going mad.

I had understood it the same way as Adrian and really couldn't understand the relevance of the replies. I refrained from replying as I assumed that I must have somehow lost the abilty to read English correctly.
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Old 19.11.2012, 15:45
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Re: Asked to strike out the No subletting clause

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It's not quite a free for all for the tenant: there is in any event an information duty and also some grounds for denial, the most relevant one being if the tenant has permanently stopped living in the property themself.
To be fair, I didn't say it was a "free for all". But it's close.
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