Subletting

Subletting occurs when a tenant lets all or part of his or her accommodation to another person. Generally, tenancy agreements will make the proviso that subletting is not allowed. However, in some cases landlords do allow subletting.

If you are a tenant and you wish to sublet, you should inform your landlord in writing. The landlord should respond in writing, and if permission is refused they should state reasons. If subletting is not mentioned on the tenancy agreement, do not assume that it is allowed; once again permission should be sought in writing from the landlord.

Subtenants rent a room or space from an intermediary tenant rather than the landlord. In this instance, the owner of the property (such as the buy to let landlord) is known as the head landlords, and the intermediary is known as the mesne landlord. The tenancy may be known as a mesne tenancy agreement.

Is subletting the same as having a lodger?

A subtenancy can cover a space within a house, a single room, or an entire property. However, the difference is that the subtenant must have exclusive access to one room. Neither the mesne landlord nor the head landlord is able to enter the room without permission from the subtenant. This is the difference between subtenants and lodgers.

So, subtenants are more powerful than lodgers?

In theory yes, but each individual case is different. The status of the subtenant depends on where they live, whom they share with, and the tenancy agreement.

What tenancy rules govern subtenants?

Subtenants will effectively be assured short hold tenants, although exceptions to this can occur and demote the subtenant to the status of an excluded occupier.

What rights do subtenants have?

Subtenants usually have the same rights as other tenants, including the rights to occupy their room with interference from other people. Similarly they can get repairs done and challenge rent increases. When the mesne tenancy ends, the subtenancy will become invalid and the rights of the subtenant end depending on the tenancy agreement.

In theory, illegal subtenants have no rights. However, if the head landlord accepts rent from them this can be an admission of rights. The law is complicated when it comes to subtenant rights, and it may be worth seeking the advice of a legal expert.

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