to sublet our rented flat?

[curableromantic]

We moved into our flat 3 months ago, DP, me and DS (nearly one). We really messed the landlord around, pulling out twice and before eventually taking it. He is away for 12 months in Australia with his family, there's no possibility of a longer or shorter let.

Soon after we moved in we realised it was too small for us - DS was to have his cot in the little attic room with DP's massive desk and papers (works and studies from home) but this room was too hot in summer for DS to sleep and I'm worried it'll be too cold in winter (dormer windows).

We were even a nightmare when we moved in, because I was not sufficiently clear about what furnishing could be left behind and when we moved in it was fully furnished, full of all his furniture, even all the kitchen stuff. It was literally like he hadn't moved out. He was really nice about it and came round and picked up everything but the larger bits.

Then we found out the DN was going to come and live with us (lost his parents a while ago, granny not coping, refusing school etc.). He's 12 and we now have permanent care of him. He has the bedroom and we are in the attic with the cot and the desk. I wrote to LL and asked if we could put his sofa in his storage so we could put a sofabed in the sitting room but he said no (no room).

I have nowhere to go (DP works late), nowhere to put the baby down (ditto), not even room for a bedside lamp (mattress squashed in corner) and I have to squeeze past the cot to get to my bed. We're trying to get used to parenting a 12 yo and baby is not yet 1. I just can't cope with another 9 months.

I just wrote to the LL to ask him how he felt about us subletting but keeping liability and managing the new tenants. I expect he'll say no, because although he's a very, very nice and decent person, it's a bit of a strange arrangement. i don't know what to do.

I have a 3 bed flat round the corner, the contract ends in 2 months so I could give them notice.

I just feel like I can't do it to him, he's such a great guy and just taking a year out with his young family. I know he doesn't have much money.

Have no idea what to do but feel my new family, and possibly my relationship could be under terrible strain over the next 9 months.

I feel I should be more assertive and insist. Would that be really really unreasonable?

[werewolf]

Could you change around, so you, dh, ds, the cot and the desk share the bedroom and dn has the attic room?

[Earlybird]

What are the terms you agreed to in the contract regarding breaking the lease?

I would imagine your lease prohibits sub-lets.

[werewolf]

Or stick the desk in the living room?

[SandStorm]

Check your contract very, very carefully.

[curableromantic]

The desk is stuck in the attic because it's linked to a massive satellite dish on the roof. Can't be moved. DP works really late. We've thought and thought over the room situation and the only other possibility was the sofabed in the sitting room, which I hate but we can't do it anyway because he won't let us move out the big old sofa he left (which we didn't want anyway, have had to store ours).

Lease will definitely prohibit sublets but he manages it not the agency so he could just let us. No break clause at 6 months (we asked at the time just in case, but he said no because they were away 12 months and couldn't relet half way through).

[SandStorm]

If you asked at the time and he said no it's unlikely that he'll change his mind now when he's in even less of a position to deal with re-letting it.

But you never know - hope springs eternal!

[curableromantic]

My flat is big and sunny, we could all have a room and eat round a table instead of off our laps. I could establish DS in a bedtime routine and maybe he would sleep better.

We would be prepared to let it for less than we pay, and collect the rent etc. Would he be mad to agree to that? I would hate it if my tenants suggested that.

[Laska]

It would definitely be unreasonable to 'be assertive and insist', as he has already been accommodating and you are under a 1 year contract which you must honour. I think having explained the situation you need to await his response and hope he's prepared to be even more accommodating.

[werewolf]

I had a massive satellite dish outside, linked to the TV with a long lead - are you sure you can't do something like that? Maybe clip it to the wall above the skirting board so you don't trip over it.

[BuzzingNoise]

I think it sounds like you'll need to keep paying rent, even if you move out, and won't be able to sub-let.

[IMoveTheStars]

You need to find out what the implications of breaking your lease early would be.

You also need to look at your lease and see what it says about subletting, then figure out what you want to do.

I think because you've been a bit flaky so far wrt the LL then you need to be up front with him (I'm guessing there's a deposit to be had back?)

[Galena]

I'm a little bemused as to why you rented out your own flat and then rented somewhere far too small?!

[curableromantic]

Laska he hasn't actually been that accommodating yet. Unless you mean about collecting the furniture? That was actually a sort of mistake because I said he we could discuss items to leave behind. He left everything including plates and mugs, no room to put anything. There is still a massive chest of drawers in the bedroom that makes it hard for DN to have a desk.

It's just awful. I know there's no solution that's fair to all. I can't insist because the contract definitely protects him from just this situation.

[strawberrie]

If the landlord has a mortgage on the property, then it's very likely that his mortgage lender will have prohibited a sub-let, so it may not even be a question of twisting his arm.

Could you put his sofa into storage at your own expense?

[curableromantic]

Galena, my tenants' contract expires end of November.. THe flat would have been just about ok for the three of us. We only got DN two weeks ago.

There's no way we can afford to pay for the flat and not live in it.

We have to throw ourselves on his mercy really. Which I know is unreasonable, but renting a flat out is not always easy.

If he trusts us though (we got on very well when we met) it might all come out ok though, if we find nice people to take it for the next 9 months, for a cheaper rate, collect the rent, make sure all is ok and continue our standing order to LL?

[curableromantic]

Lady, he's coming back in 9 months to live here so we would just find short-term tenants.

[cumfy]

Surely, your only solution is to go back to your flat ?

Perhaps the current tenants would be interested in swapping ?

Clearly re Galena, there is a bit more to this than meets the eye. eg Tenancy on your flat seems to coincide with birth of DS ?

[Earlybird]

He might consider it if you/dh agree to act as guarantors for the new tenants -for rent and any damages.

Otherwise, you could be stuck....

[curableromantic]

We took this flat over mine because it's small, but pretty with a garden in a really lovely area right next to a fantastic children's play area. My flat is bigger, has 3 tenants in the 3 rooms but is not in such a nice area and has no garden. The unexpected element was getting DN. I suppose I feel that I have so much on my plate, getting a troubled pre-teen when I'm just getting used to being a mother, plus working in his naps and doing pretty much everything in the house that I just don't know if I can prioritise someone else over this new family situation.

Earlybird, exactly, we would remain liable. I made that very clear in my email to him, which was in any case tentative.

I NEED a room for the baby to sleep and nap! At the moment I have to get him completely asleep on my shoulder then carry him up and squeeze past working DP to put him in the cot. DN has lost his parents, changed life, family, school, plus we are having to be quite strict with him to reverse granny's neglect in this area - he NEEDS a bedroom, can't possibly share with DS who wakes in the night. And I need a table to eat around so we can give DN a proper family life.

[Myleetlepony]

Did you let through an agent? Normally, what I would do with my tenants, would be to say that I would ask the agent to find new tenants, and then I would release you from your contract the day before the new tenants moved in - subject to their first rent payment being recieved.
I doubt he will let you sub-let, and that would be very sensible of him. He needs to know that his next tenants are properly checked out before they move in, and a good agent would do that. There are also things like the tenant deposit scheme, gas safety certificates etc that need to be sorted out.

[Myleetlepony]

p.s. I really wouldn't try the being assertive and insisting route. Your landlord could respond by being assertive and insisting that you pay him the full 12 months rent before he releases you from the contract.

[chitchat07]

9 months might be perfect for university students, not that I imagine any LL being happy to have students instead of the family they were planning to rent to. I just can't imagine many other people wanting a 9 month lease, but maybe that's because I wouldn't!

[Appletrees]

Yes you are, sorry. I would offer to try to find him a new tenant and then pay for new lease and inventory and all fees.

If you think you can find a tenant to subset for nine months then why not suggest that said new tenant takes over the lease entirely, costs to be met by you.

[Inertia]

Legally, I'd be astounded if you could sublet without getting into a heap of trouble, unless your landlord agrees.

It sounds as though you have become guardians of your nephew under difficult circumstances- is there a social worker or support worker who could intervene and try to negotiate with the landlord?

If you end up having to stay, then you might want to look again at relocating the desk to the sitting room- having to settle the baby downstairs will become harder as the baby gets bigger. I don't understand what the satellite link is for, and why you can't come up with a wireless / re-routing of cables solution?