How does subletting affect a tenancy agreement?

Question from Robert updated on 11th December 2009:

If a tenant sublets with permission of owner to other persons but fails to inform the new tenants that it is a subtenancy and in fact implies that he is the owner what is the legal standing of the tenancy agreement. Cheers.

Our expert Jeff Montgomery responded:

In this situation the tenancy agreement may still be valid, as landlords are not specifically required to advise tenants who is the owner of the premises. However, landlords and tenants may apply to the Tenancy Tribunal to have a tenancy agreement set aside if it appears the agreement was induced by fraud, misrepresentation or mistake.

I suggest you discuss this matter with your landlord, and if you cannot reach an agreement you can apply to the Tenancy Tribunal to resolve the matter. To discuss your situation further, or for advice about applying to the Tenancy Tribunal, you can contact the Department of Building and Housing on 0800 TENANCY (0800 836 262).

The Department of Building and Housing provides information and guidance on building law and compliance, services including weathertight homes, and advice for tenants and landlords.



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