Can Tenants Sublet?

Can Tenants Sublet

This post looks to answer the question “Can Tenants Sublet?” When you rent a property as a tenant, the tenancy agreement will be from a private landlord, who will be the owner. A new tenant can also rent from an existing tenant, who has rented the property from the owner, and this is called subletting.

What Does it Mean To Sublet? 

To sublet or to sublease is to rent out the property you are renting to another individual while your name is still on the lease. If you are renting from a private landlord then you may need permission from either the managing agent or the landlord themselves. 

Some contracts don’t permit subletting, however, it’s always good to either speak to the letting agent who can take instructions from the landlord or alternatively read the existing agreement that is in place to see if this can be done.

Why Will I Need Permission To sublet The House?

You will need permission.  Under The Housing Act 1888 which clearly states that any tenants that hold an assured shorthold tenancy or have a periodic agreement shall not without the landlord’s consent sublet, assign the tenancy agreement or sub-let any part of the property with possession of the whole or any part of the dwelling/house that is specific to the current agreement.

What Happens If A friend Or My Parents Want To Stay At The House?

This is fine they can stay on a short term basis to visit in the house, as they will not be paying rent, this will not be subletting, however, if a person moves into the house permanently and they are paying you rent, and have the use and enjoyment of the house and rooms then this will be subletting.

What Is Classed As A lodger?

A lodger is a person or persons who live in the house, however, they only share some of the space, they will, of course, have a room but this will not limit you to access this and have permission to enter. The differences between a lodger and a subtenant are that a subtenant has total rights over their room, whilst a lodger will have reduced rights. Beware that the landlord can evict a lodger at any time and will not have to give them any notice period. This is usually asked along with the question of can a tenants sublet.

What Happens If I Want To Move Out Of The House And Someone Moves In?

If you decide to move out of the house you are renting and you find a person to replace you and pay you the rent this will be classed as subletting. However, you will be known as a subtenant and you will be classed as a subtenant and will assume the role of the landlord and have the same responsibilities.

Should I Sublet The House?

This is your decision alone. You will be taking on a tenant and will ultimately be responsible for the house. You will be taking over the responsibilities of the original tenant. Remember that if the tenancy agreement was to come to an end or for some unfortunate reason the original tenant is evicted through the courts then you may find yourself being evicted as well.

Subtenants Rights Within The House

If you decide to rent part of your landlord’s house (this may be one floor of a house that has two or three floors), then this will be classed as an excluded tenancy, the subtenant will have exclusive possession of only that part of the house.

The subtenant will have the full exclusivity of the part of the house that has been let to them, however, if you decide to sublet all of the house then you will be giving up your rights to full possession and you will only be able to enter the house with permission. If you don’t give them full possession of the house, they will be classed as a lodger.

What Are The Rules Of Subletting?

If you are subletting you must always follow the existing tenancy agreement. There may be several clauses in the original agreement of which have to be followed. The original agreement may say don’t operate or sublet as a business, there will also be clauses in the agreement for repairs, maintenance, the upkeeps of the house, to include gardens both front and rear, there may also be pet exemptions. Please note that the original tenant is liable for all repairs and the upkeep of the house at all times.

What Is The Process If I Want To Sublet Or Have  A Lodger?

On both occasions, you will always need the landlord’s permission. You should always obtain this in writing just in case of any problems further down the line and always keep a copy. I would also strongly advise that you carry out credit checks. You can use a credit check agency online to make sure you give them the correct information as this is crucial. Remember that if you don’t obtain permission you could be subject to being issued with a section 8 notice seeking possession.

We hope this answers your questions on can tenants sublet.

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