Can a shorthold tenancy agreement be used for a sublet?
In law there is no limit to the number of sub- sub- sub- (etc) lets that can happen. The only restriction is that you can’t let the property for a longer period of time than you yourself are entitled to. Although in practice subletting is often prohibited or restricted by the tenancy agreement. Each tenancy in the chain has a landlord and a tenant. The landlord is the person granting that tenancy, so someone in the middle (as here) can be a landlord (to the tenant below him) and a tenant (of the landlord above him) at the same time. As far as you are concerned you only have to worry about your immediate landlord, not any others further up the chain. You have all the normal obligations to him (to pay rent, give notice, etc) and he has the normal obligations to you. If you want to leave before the 8 months are up then you need to give notice according to your agreement or you will be in breach in the normal way. The person who is in line for all the problems is the man in the middle. If
That all sounds perfectly legitimate. The agreement between you and the previous tenant (YOUR landlord) has to be an assured shorthold tenancy under the 1988 Housing Act. Months rent up front in normal (you pay on [say] 23rd May for 23rd May to 22 June) Your deposit has to be protected by YOUR landlord – he can not claim that it is the responsibility of HIS landlord (it isn’t). In fact any deposit he has paid to HIS landlord does NOT need to be protected – but that’s not what you’re enquiring about.
