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27/09/2021

'My tenant is subletting a house I own without my agreement. What can I do?'

Ask Jackie:

Ask Jackie: Your guide to the local property market in Longford

Ask Jackie: Your guide to the local property market in Longford

My tenant is subletting a house I own without my agreement. What can I do?

There are two sides to think about here, the legal and the practical.

From a legal perspective, a tenant cannot sublet without your permission, end of story. If they have brought in someone else who is not on the lease, they have no legal status. You can give them notice for breach of contract, and they along with whoever else is living in the property will have to leave.

On the practical side. If you have a good tenant who is paying the rent and maintaining the property, that is a win for you?

Given the current circumstances and the high rents being charged at the moment, they have brought in another party to help pay that rent, which is to your benefit. But that party has no legal status.

I have been managing property for over 20 years, I have come across situations where one tenant will take a property and inform me that they would like to bring in another party that they know to support the rent, but may not want to have them legally as a tenant because if things do not work out they will ask them to leave.

There are situations where I have not been informed, but if everything is moving along nicely and there are no issues, I have no interest in interfering. I am referring to a situation where you have a tenant who is bringing in a party they know. They have a good track record with you and have been no issue since the day they arrived.

Good tenants do not become bad tenants overnight, I will always give former tenants priority when they return looking for accommodation.

The question you have to ask yourself is do you continue to allow a good tenant to remain or do you give them notice for breach of contract and start the process of seeking another tenant, do reference checks and take your chances there will be no trouble from them.

There is nothing better than a tenant with whom you have experience.

The best decision might be to leave well enough alone.

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