Subtenants

A subtenant is someone who rents all or part of a property from your tenant, not directly from you. The usual chain is superior landlord → tenant/mesne landlord → subtenant. You remain the superior landlord. Your tenant becomes the subtenant’s immediate landlord.

Subtenants raise two main issues, 1. consent and 2. control. Most tenancy or lease agreements either forbid subletting altogether or allow it only with your written consent. If your tenant sublets without permission, they may be in breach of contract and you may have grounds to end their tenancy or lease. However, you must still handle any possession action lawfully. The subtenant may acquire some protection and cannot just be locked out.

Where a subtenant uses the property as their only or main home, they will often have an assured tenancy with full private renting rights under the Renters’ Rights Act (fitness standards, notice rules, redress, etc.), even though their landlord is your tenant, not you. Councils, property tribunals and ombudsmen can look up the chain if there are serious licensing or safety breaches.

Professional landlords keep tight control over subletting. Clear clauses, written consent procedures, checks on any “rent-to-rent” operators, and close attention to licensing and standards so that the whole letting chain remains lawful.