Things to consider
This section is designed to pose the questions you need to ask yourself before you start down the path to becoming a landlord.
Can you be a landlord?
Before you go any further you need to establish is whether you can be a landlord.
Does your lease allow you to rent space?
If you are leasing premises and wish to sublet
space your lease
will specify whether you can do this and any restrictions. You may be allowed to sublet the space but not to sublet the premises in part. In general, your landlord’s consent is usually required and cannot be unreasonably withheld, but this will depend on what is written in the lease.
In some cases a lease will permit you to licence
space to tenants, but not to enter into leases. This is because, unless you agree otherwise, a lease offers security of tenure
to the tenant. This means that they have the right to renew the lease on essentially the same terms when it comes to an end. From your landlord’s point of view, they don’t want to be left with tenants occupying part of their premises if you were to move out.
Section 117 of the Charities Act 2011
For England and Wales, Section 117 of the Charities Act 2011 requires that charity trustees take advice in the event of disposing (which includes letting) of charity property so that best value is obtained for the premises. This advice needs to be given by a surveyor. Further information is available on this website under the sections Disposal of Property
and Good Practice
. Although it might be advisable to obtain professional advice there is no equivalent duty under Scottish legislation.