Subletting

Subletting is when a tenant rents out all or part of their home to someone else (a subtenant), while keeping their own tenancy with the original landlord. The subtenant pays rent to the tenant, not directly to the landlord, and may have their own written agreement.

Most private tenancy agreements either ban subletting outright or say it can only happen with the landlord’s prior written consent. Subletting without that consent will usually be a breach of tenancy. In serious cases, for example, subletting the whole property and moving out, the tenant can lose their assured/AST status and the landlord may seek possession through the courts.

In social housing, secure and other social tenants often have limited rights to take in a lodger or sublet part of their home with the landlord’s permission, but unlawful subletting, especially of the whole property, can lead to eviction and even criminal sanctions in some circumstances.

Tenants considering subletting should always discuss with their landlord, check their agreement and get written consent. Subtenants should be wary if the landlord appears not to know they are there.