Is It Obligatory For Everyone Living In A Flat To Have A Contract With The Landlord?

This question was from Zoopla User JavGeorge.

is it obligatory for everyone living in a flat to have a contract with the landlord?

I’m planning to move in with 2 friends, but one of them is still undecided, so, I need to know if my friend and I could sign a contract with a landlord and if my undecided friend could afterwards just move in?

Is there any special agreement that must be reached between the undecided friend and the landlord when he moves in?

What would his status be if he moved in later with no contract signed, and would we get affected if the contract does not prohibit us from subletting or taking lodgers in?

Thank you in advance for your answers.

Video: Lodges and Subtenancy


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Video Transcription


George: This question is even longer.

Jonathan: Okay.

George: This person, Jav George is asking about lodges and subtenant.

So he goes on to say, is it obligatory for everyone living in a flat to have a contract with the landlord?

I’m planning to move in with 2 friends, but one of them is still undecided, so, I need to know if my friend and I could sign a contract with a landlord and if my undecided friend could afterwards just move in?

Is there any special agreement that must be reached between the undecided friend and the landlord when he moves in?

What would his status be if he moved in later with no contract signed, and would we get evicted if the contract does not prohibit us from subletting or taking lodgers in?

Thank you in advance for your answers.

Jonathan: Right. Okay, yes a long question but yes, an interesting one. Thanks for that.

The answer really is that yes, your undecided friend should be really make up their mind and be on that tenancy agreement.

If for no other reason that in fact that you are all chipping in for the rent and then that friend doesn’t, for some reason just tells you he is not going to pay, the landlord can only look to you and your other friend for that rental payment.

So, in other words, you will be responsible for 50% rather than a 3rd.

So, what you could try to do is form compromises to let the landlord know that at this stage it’s only the 2 of you, but it may be 3, would that be okay?

Because as you know by the sound of it, most tenancy agreements do prohibit subletting because the last thing that the landlord wants is to meet a very nice tenant i.e. you and then you just sub-let various rooms to any number of people that he hasn’t actually met.

Also, that could lay landlords open for having a house in multiple occupation, which is where you have numerous unrelated people living in the same property which brings a whole lot of problems to that landlord if that were the case.

He will only want to let to you two or the 3rd person, but you can hopefully appeal to his better nature, and he may be flexible on that and allow a later sub-let in effect.

I hope that helps a bit. If you got any other queries, just let me know.

Okay, thank you very much once again for sending in your 3 questions.

We have enjoyed answering them. Don’t hesitate to send in any others.

Thank you very much.

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