What is subletting? Our Guide for Tenants and Landlords
Subletting is the act of a tenant renting part, or all of their property, out to another person. It is increasingly common in the UK rental market, offering both tenants and landlords opportunities for additional sources of income. This is the ultimate guide for landlords and tenants on subletting opportunities, legal complications, rights and responsibilities of both parties, and key considerations in the UK.
What is subletting and how does it work?
In essence, subletting is when a tenant – called the primary or mesne tenant – rents out a part of their rented property or the whole property to someone else, known as a subtenant. It is like being the mediator between the landlord and a new tenant. However, the primary tenant is responsible for paying rent to the landlord while the subtenant must follow the tenancy agreement terms and pay their share of the rent.
Tenant’s Rights and Responsibilities in Subletting
What are subletting clauses in tenancy agreements?
A subletting clause in a tenancy agreement will outline specific conditions for subletting to the tenant, such as the right to rent, the leasing period, how much notice must be given to the landlord, and consent to sublet. It is important to know your rights as a tenant before entering into any kind of tenancy agreement.
Why should you obtain landlord’s consent before subletting?
It is important to get permission from the landlord to sublet as it could be a breach of the tenancy agreement and lead to legal consequences like eviction. Therefore it is essential to ask for written permission before subletting.
What can I do if my landlord is illegally subletting to me?
If you suspect that your landlord is illegally subletting to you, you should seek legal advice on the next steps to take. Illegal subletting has serious implications for tenants. You could be charged with fraud, or be fined. So if you have concerns that your landlord is illegally subletting, the best course of action is to seek a licence to sublet, which protects your rights and grants permission for the primary tenant to sublet.
Landlord’s Rights and Responsibilities in Subletting
What are some legal considerations when allowing subletting as a landlord?
Illegal subletting could invalidate your property insurance and mortgage. So it is beneficial to check your policies before permitting a tenant to sublet the space. Landlords have the right to include subletting clauses in the rental agreement and conduct reference checks on prospective sub-tenants.
What are eviction rights in cases of unauthorised subletting?
If the landlord was unaware of the primary or mesne tenant subletting the property without their consent, the landlord has the right to evict and proceed with legal action against the tenant if necessary. However, it is worth discussing the issue with the tenant first. It may be possible for the landlord to reach a mutual understanding with the mesne tenant and sub-tenant and sign a new tenancy agreement.
How to prove illegal subletting
It can be hard to prove if the mesne tenant is illegally subletting the property. However, it is possible to have a discussion with the tenant, make regular inspections of the property or even ask neighbours about any suspicious activity. If there is a need for further information you could seek help from the local council.
Is subletting illegal in the UK?
Subletting is illegal if is prohibited in the tenancy agreement, as there will be a clause stating that subletting is not allowed. Subletting is also unlawful if it is not mentioned on the tenancy agreement, and the tenant proceeds to sublet the property without permission from the landlord. The landlord then has the right to take legal action or evict the tenant.
How to sublet legally in the UK as a tenant
To sublet legally in the UK, tenants should:
- Check their tenancy agreement on any subletting clause.
- Obtain a written subletting agreement from the landlord.
- Carefully screen and check potential sub-tenants before subletting.
- Maintain transparent communication with the landlord throughout the subletting process.
How to sublet safely in the UK as a landlord
Landlords might consider subletting if they think that the rent from their primary tenant won’t be enough to cover their costs – as long as the property is suitable or large enough for a subtenant to live there too. So to protect their rights and property, landlords could add a clause to the tenancy agreement to permit the tenant to sublet. It is good to create a good relationship with your tenant to have trust and transparency in the process of subletting and do thorough reference checks on the subtenant.
What are the benefits of subletting?
Subletting can provide primary tenants and landlords with an extra source of income, or cover rent when the primary tenant is not living at the property. It can also benefit landlords by increasing rental income and reducing vacancy periods.
What are the risks of subletting?
There are potential risks when tenants illegally sublet a landlord’s property - it could violate the terms of the landlord’s insurance policy and mortgage. If the primary tenant moves out before the subtenant, this could cause problems for the landlord, such as gaining possession of the property before the tenancy agreement expires. Getting an eviction notice can be difficult, expensive and time consuming. The subtenant may also not be liable for the security deposit, if there is damage to the property.
Subletting FAQs
Can I sublet my apartment?
Yes, you can sublet your apartment; however, it will be subject to the terms of the tenancy agreement and any applicable laws and regulations. It is essential for you to review your tenancy agreement and obtain permission from your landlord before subletting to ensure compliance with the terms of the agreement.
Can I sublet my council house or flat?
Yes, you can sublet a council house or flat in the UK. However it may be subject to the local council or housing authority’s specific rules and regulations.
Can I sublet a rental property?
Yes, you can sublet a rental property, depending on the terms of your tenancy agreement and if you are within your contractual period.
Contact haart for more advice and help about subletting
For more advice and assistance on subletting in the UK, contact your local branch today.