Subletting Rules for UK Rental Properties Explained | LegalDocuments.co.uk

Overview

Subletting happens when someone who already holds a tenancy grants occupation of all or part of the property to a third person in return for rent. The original tenant (often called the head tenant or mesne tenant) stays responsible to the landlord under the original agreement, while the new occupier, the subtenant, deals with the head tenant.

It's different from a lodger arrangement, where the occupier shares living space with the tenant and doesn't have exclusive possession of a room in the legal sense. It's also different from assigning a tenancy, which transfers the tenancy itself to someone new.

Whether subletting is allowed depends almost entirely on the tenancy agreement. Most assured shorthold tenancies either prohibit it outright or require the landlord's written consent. Social housing tenants face stricter rules, and in some cases unlawful subletting of a social home is a criminal offence under the Prevention of Social Housing Fraud Act 2013. Before doing anything, a tenant needs to read their agreement carefully and understand which category they fall into.

Key steps

1. Read your tenancy agreement from start to finish. The single most important step is checking what your agreement actually says about subletting, parting with possession, or taking in lodgers. These are usually separate clauses with different rules. If the agreement is silent, that doesn't automatically mean you can sublet, other rules may still apply depending on the tenancy type.
2. Ask your landlord in writing. Even if your agreement appears to allow subletting with consent, put the request in writing and keep a copy. Set out who the proposed subtenant is, how long the arrangement would last, the rent, and why you want to do it. A written trail protects you if there's a dispute later about what was agreed or refused.
3. Check the wider picture before committing. Subletting can affect your housing benefit or Universal Credit, your home insurance, and, if you're a leaseholder or have a mortgage, your lender's or freeholder's conditions. People often focus only on the landlord and miss these. Each of these parties may have their own consent requirements or restrictions that override what your tenancy says.
4. Put a written sub-tenancy agreement in place. If subletting goes ahead, don't rely on a handshake. A proper written agreement between you and the subtenant records the rent, deposit, length of term, and responsibilities for bills and repairs. Without one, you carry all the legal risk while having very little to enforce against the person actually living there.
5. Protect any deposit and follow tenancy law. If you take a deposit from the subtenant and the arrangement creates an assured shorthold tenancy, deposit protection rules apply to you as if you were the landlord. Failing to protect a deposit in an approved scheme can lead to significant penalties and can block you from ending the sub-tenancy later using a section 21 notice.

Common questions