Subletting

What is subletting?

Subletting occurs when a tenant who holds a tenancy agreement grants a further tenancy or licence over the same property, or part of it, to a third party, the subtenant. The original tenant becomes, in effect, a landlord themselves, sitting between you and the person actually occupying the property. The head landlord (you) remains in a direct legal relationship only with the original tenant, not with the subtenant.

Subletting is distinct from lodging. A lodger is someone who pays to stay in a property where the tenant also lives, including sharing kitchen, bathroom or living space. A subtenant occupies their own distinct space under a separate agreement. The distinction matters because lodging arrangements are often permitted (or at least tolerated) where subletting without consent is expressly prohibited.

Is subletting allowed?

In most privately rented properties, subletting without the landlord's written consent is a breach of the tenancy agreement. Most standard tenancy agreements include a clause either prohibiting subletting entirely, or permitting it only with prior written consent from the landlord. If your tenancy agreement is silent on the point, the position is less clear, but you still have the right, as the property owner, to know who is living there.

Social housing tenants have additional statutory rights around subletting, secure tenants, for example, can apply to sublet with permission, and some flexible tenancies include subletting provisions. In the private rented sector, however, tenant subletting rights are governed almost entirely by the tenancy agreement.

Short-term subletting via platforms such as Airbnb or equivalent services has become a common cause of landlord-tenant disputes. Many tenants do not consider this to be "subletting" in the traditional sense, but any arrangement under which the tenant grants a third party the right to occupy the property, whether for a weekend or a month, falls within the legal definition of subletting.

What are the risks of unauthorised subletting?

Unauthorised subletting creates a number of practical and legal risks for landlords. Your insurance may be invalidated if someone other than the named tenant is occupying the property without your knowledge. Your mortgage lender's consent to let may be breached if the arrangement changes the nature of the letting. You may also find that the subtenant acquires rights of their own, particularly if the subletting has been in place for some time, which can complicate regaining possession.

If you discover unauthorised subletting, the appropriate response is usually to write formally to the tenant, referring to the tenancy agreement clause, and requiring them to end the arrangement by a specified date. If they do not comply, it may constitute a ground for possession under Section 8, depending on the specific wording of your agreement and the ground cited.

Subletting and HMOs

Where subletting results in multiple unrelated people occupying a property, for example, a tenant subletting individual rooms to separate individuals, the property may qualify as an HMO (House in Multiple Occupation). If it meets the HMO threshold and you are unaware of the subletting arrangement, you could unknowingly be operating an unlicensed HMO, which carries significant penalties. Regular property inspections and a clear no-subletting clause in your tenancy agreement are the best preventative measures.

How to handle legitimate subletting requests

If a tenant approaches you to request permission to sublet, it is reasonable to grant or decline in writing. If you grant permission, you should do so via a deed of consent or written letter that specifies the terms, including the approved subtenant, the duration, and any conditions. You may also want to review whether the subtenant should be referenced in the same way as the original tenant.

You are not obliged to grant permission, and for most landlords, the additional complexity and risk mean that subletting is not something to agree to lightly. However, an outright blanket refusal in circumstances where the tenant has a legitimate reason, for example, an extended period of work abroad, may be worth considering on a case-by-case basis.

Frequently asked questions

What is the difference between subletting and assignment?

Assignment involves the original tenant transferring their entire tenancy to a new tenant, stepping out of the agreement entirely. Subletting is different: the original tenant remains a party to the head tenancy and retains obligations to the landlord. Both typically require landlord consent under a private tenancy agreement.

Can my tenant sublet via Airbnb?

If your tenancy agreement prohibits subletting without consent, then yes, renting via Airbnb or any similar platform is likely to be a breach. Many landlords are now including specific clauses referring to short-term letting platforms to remove any ambiguity.

Does subletting affect the deposit?

The original tenant remains liable for the condition of the property and the deposit remains in their name in the relevant deposit protection scheme. If a subtenant causes damage, the original tenant is liable to you for those costs. You are not in a direct legal relationship with the subtenant regarding the deposit.

Can I evict a subtenant?

Evicting a subtenant is more complicated than evicting a direct tenant because there is no legal relationship between you and the subtenant. You would typically need to serve notice on the original tenant first and regain possession via that route. Taking legal advice before acting is strongly recommended.

Last reviewed: April 2026 by the August editorial team. This entry reflects the law in England as at April 2026. Always seek legal advice before taking action relating to suspected unauthorised subletting.

← Student housing

Subtenants →