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Subletting Without Consent

More about subletting


More about subletting

Subletting happens when an existing tenant lets all or part of the property they have rented to someone else who is known as the subtenant, usually with the knowledge and permission of the property owner. The subtenant has a tenancy for all or part of the property which is let to them and they have exclusive use of that accommodation.

In this situation, the property owner is known as the head landlord. The tenant who rents to the subtenant creates a sub tenancy.

In some circumstances it's acceptable to sublet but if a tenant does so without obtaining your permission, or is not allowed to sublet all or part of your property under the terms of the lease, they will have done so unlawfully. In these cases a Section 8 Notice may be served citing the tenant’s breach of the lease agreement or a Section 21 Notice can be served without giving any reasons.

Before considering such legal action for repossession, it’s important to confirm that the tenant has indeed unlawfully sublet your property. If a friend or relative of the tenant has moved in temporarily and your tenant is not charging them rent, then that is not subletting.

Taking in a lodger under a licence agreement may not be considered to be subletting either because the lodger only has permission to occupy a room and does not have exclusive possession of the whole property.

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