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 remains a party to the head tenancy and retains all obligations to the landlord. This is distinct from assignment, where the original tenant transfers their tenancy to a new tenant and steps out entirely. Under Section 15 of the Housing Act 1988, it is an implied term of every periodic assured tenancy that the tenant cannot sublet without the consent of the landlord. Since the Renters' Rights Act 2025 abolished fixed-term assured tenancies from 1 May 2026, all private residential tenancies are now periodic, meaning the Section 15 implied consent requirement now applies universally to assured tenancies in England.

The person created by a subletting arrangement, their legal status, their rights, and what happens to them when the head tenancy ends, is covered in the subtenants entry. This entry covers the act itself, including the consent rules, the risks of unauthorised subletting, and how a landlord should respond.

Subletting and lodging: the distinction

Subletting is different from taking in a lodger. A lodger is someone who pays to stay in a property where the tenant also lives, sharing kitchen, bathroom, or living space, and who holds a licence to occupy rather than a tenancy. A subtenant occupies their own distinct space under a separate agreement and has exclusive possession of that space.

The distinction matters in practice because lodging arrangements are often tolerated or expressly permitted in tenancy agreements where subletting is prohibited. A tenant who takes in a lodger whilst remaining in occupation is not subletting in the legal sense. A tenant who moves out and allows a third party to occupy the whole property is subletting, regardless of what the arrangement is called.

The consent rules

For all periodic assured tenancies, which now includes all private residential lets in England from 1 May 2026, subletting without consent is prohibited by statute under Section 15 of the Housing Act 1988, whether or not the tenancy agreement contains an express clause on the subject. A landlord does not need to give a reason for refusing consent on a periodic tenancy.

In practice, most standard tenancy agreements reinforce this by including an express clause either prohibiting subletting altogether or permitting it only with prior written consent. For guidance on what an effective tenancy agreement clause on subletting should include, see our article on what a tenancy agreement should cover.

If a request for consent is received, it should be considered on its merits. Where consent is granted, it should be given in writing and should specify the approved subtenant, the duration, any conditions, and whether the original tenant must notify the landlord of any change. When granting consent, the terms should be stored alongside the original tenancy agreement. August's document management feature keeps all tenancy documentation in one searchable record.

Social housing tenants have additional statutory rights, secure tenants, for example, can apply to take in a lodger or sublet part of their home with permission. This entry focuses on private residential tenancies in England.

Short-term letting platforms

Short-term subletting via platforms such as Airbnb has become a frequent source of landlord-tenant disputes. Many tenants do not consider this to be subletting in the traditional sense, but any arrangement granting a third party the right to occupy the property, whether for a weekend or a month, falls within the legal definition of subletting and therefore requires the same consent. Tenancy agreements should include specific clauses addressing short-term platform letting to remove ambiguity.

Subletting and HMO risk

Where subletting results in multiple unrelated people occupying a property, the property may qualify as an HMO (House in Multiple Occupation). A property occupied by three or more people forming two or more households who share basic amenities meets the Housing Act 2004 definition of an HMO. If it also meets the licensing threshold — five or more people in a licensable HMO, or more in local authority additional licensing areas — and the landlord is unaware of the subletting arrangement, the landlord may be unknowingly operating an unlicensed HMO, which carries significant penalties. Regular property inspections and an explicit no-subletting clause are the most effective preventative measures.

What to do if a tenant sublets without permission

If unauthorised subletting is discovered, the appropriate first step is to write formally to the tenant, referring to the relevant clause in the tenancy agreement and requiring them to end the subletting arrangement by a specified date. If the tenant does not comply, unauthorised subletting is a breach of a tenancy obligation and may constitute grounds for possession under Ground 12 of Schedule 2 to the Housing Act 1988, the discretionary ground for breach of tenancy covenants. As with all discretionary grounds, the court will consider whether it is reasonable to grant possession in all the circumstances.

Landlords should also make contact with the subtenant, to make clear that the property is being sublet without permission and that any possession proceedings against the tenant will affect the subtenant's right to remain. A subtenant cannot be evicted without a court order, but an end to the head tenancy through possession proceedings will ultimately end the subtenant's right to occupy.

A specific commercial variant of subletting, where an operator takes on a property under a commercial lease from the landlord and sublets to occupying tenants, is covered in the rent-to-rent entry.

The Renters' Rights Act 2025 and subletting

The Renters' Rights Act 2025 has two effects relevant to subletting.

First, the abolition of fixed-term assured tenancies from 1 May 2026 means that the Section 15 Housing Act 1988 implied consent restriction now applies universally to all assured tenancies. There is no longer a category of fixed-term tenancy where a tenant has a default right to sublet in the absence of an express prohibition.

Second, for leaseholder-landlords who let their flat to a residential tenant: from 1 May 2026, a superior landlord (typically the freeholder) cannot rely on a headlease or superior lease restriction to prevent or penalise a subletting that takes the form of an assured tenancy. This means that a leaseholder who lets their flat does not need to obtain consent from their freeholder before granting an assured tenancy to a subtenant — the subtenancy is lawful as a matter of statute regardless of the headlease wording.

Frequently asked questions

What is the difference between subletting and assigning a tenancy?

Assignment involves the original tenant transferring their entire tenancy to a new tenant, who then steps into the original tenant's position and becomes the direct tenant of the landlord. The original tenant has no further obligations. Subletting is different, the original tenant remains on the head tenancy and retains obligations to the landlord. Both typically require landlord consent under a private tenancy agreement.

Can a tenant sublet via Airbnb?

If the tenancy agreement prohibits subletting without consent, or if the tenancy is a periodic assured tenancy (all private assured tenancies from 1 May 2026), then renting via Airbnb or any similar platform is a breach. Most tenancy agreements should include a specific clause addressing short-term letting platforms to prevent ambiguity.

Does subletting affect the deposit?

The original tenant remains liable for the condition of the property and the deposit remains in their name under the relevant deposit protection scheme. If a subtenant causes damage, the original tenant is liable to the landlord for those costs. There is no direct legal relationship between the landlord and the subtenant in relation to the deposit.

Which possession ground covers unauthorised subletting?

Unauthorised subletting is most commonly pursued under Ground 12 of Schedule 2 to the Housing Act 1988, the discretionary ground for breach of a term of the tenancy. Because it is discretionary, the court must be satisfied both that the breach is proved and that it is reasonable to grant possession. The landlord should document the subletting arrangement, confirm that consent was not given, and show that the tenant failed to end the arrangement after being notified in writing.

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