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What action can I take as a landlord for subletting?
Subletting may not be an issue if it is done with your permission. It may well be that your rental income is even more secure by your tenant subletting, provided it’s safe to do so. The implication may be that you could have charged more rent for the property, but some landlords could be prepared to trade that off against the fact that rent arrears will be unlikely.
Subletting even with your permission can become a problem if the subtenant causes a nuisance or disturbance. In law, there is rarely a compulsion on a landlord to do anything about an anti-social tenant and the occasions when landlords have to take action are quite limited.
However, the introduction of landlord licensing schemes now forces registered landlords to take legal action against anti-social tenants as a matter of course. A Section 8 Notice can be used if the tenant has breached any term of the tenancy agreement (other than one relating to the payment of rent) or the tenant or someone living with the tenant has caused a persistent nuisance to neighbours.
Both these grounds are discretionary and the court does not automatically have to make an order. Landlords registered with local authority schemes however are compelled to deal with nuisance tenants. Avoiding the penalties and fines that accompany non-compliance with the terms of their licence therefore means landlords need to take legal advice and action against anti-social tenants quickly.