What is subletting and is it legal?

What is subletting?

Subletting is the term used when an existing tenant, renting directly from a landlord, rents out (or ‘sublets’) a room or the entirety of their property out to someone else. If you decide to sublet your rental property, you would become the ‘sublandlord’ and your new tenant becomes the ‘subtenant’.

Those choosing to sublet their rental property may do so if they intend to travel for an extended period of time and want temporary help to cover rent whilst they’re gone; there may be changes in their financial circumstances that mean they can no longer afford the rent payments or subletting may be another way of making some extra money.

You are able to sublet a room in a rented property if your rental agreement includes a subletting clause, provided you, and the new subtenant, are adhering to to the conditions laid out in the contract e.g. the leasing period, or how much notice needs to be given before leaving the property.

There may be a stipulation within your tenancy agreement that requires written permission from your landlord before you sublet your rental property. However, even if this isn’t a requirement laid out in the agreement, it’s important that you get it in writing anyway to avoid complications or legal issues down the road.

What are the subletting laws in the UK?

To ensure you, as a sublandlord, are conducting a legal sublet, it’s important you double-check the subletting clause of the tenancy agreement and obtain written permission from your landlord. You should also ensure any subtenants are carefully screened and are aware of their commitments as a subtenant. You should maintain consistent and clear communication with your landlord throughout the subletting process and conduct periodic property inspections to ensure your subtenant and yourself are adhering to the terms of your tenancy agreement.

Both subletters and their landlords have rights afforded to them within a subletting tenancy agreement. To ensure those rights can be upheld, you must ensure you both enter a legal agreement, e.g. the original tenant must obtain the landlord’s permission to let out the property. If the tenant sublets without written permission, the agreement would be classed as unlawful subletting and they may face legal difficulties, including potential eviction from breaking a clause in the tenancy agreement. You cannot sublet your home if you are renting from the council.

Subletters are entitled to basic rights such as living in a well-maintained rental; the ability to remain living in the property until a court order is obtained to evict you; ensuring you are not responsible for any money your landlord owes to the head landlord.

What are my rights as a subtenant if I don’t have a written tenancy agreement?

Even if you do not have a written agreement, you are still afforded the same rights and protections as other subletters as you will have entered a verbal tenancy agreement. Your landlord is required to meet the statutory obligations which include: running water, heating and a safe, healthy environment. You can still be evicted without a written agreement.

It’s important to obtain a written tenancy agreement to cover yourself legally and financially in case of disputes or eviction.