Subletting
The term 'subletting' refers to an existing tenant who lets all, or part of, a property to another party (referred to as a subtenant).
Subletting is a complicated legal area, but typically, whether subletting is permissible or not will depend on the tenancy agreement between the existing tenant and the landlord. Even if it is permissible, the tenant may need to obtain permission from the landlord.
The subtenant will pay rent to the tenant (often termed the mesne landlord), and they in turn will pay rent to the ‘head landlord'. The tenant may charge a higher rent than they are paying to the landlord, thereby earning a profit margin. However, subletting means that the tenant is forfeiting their right to possession as the subtenant would have use of the property (or part of it) and would only be able to enter the property (or part of it) with permission of the subtenant.
The original tenancy agreement may also set conditions for any sublet. For example, if a tenant’s contract expires it may mean that the sublet also expires.
If permission to sublet is not sought or given, but the tenant proceeds, the landlord may be entitled to take legal action such as eviction proceedings. It may also be a criminal offence if a social housing tenant sublets a property unlawfully.
In recent years, increasing numbers of landlords have pursued possession proceedings against tenants after finding that they have sublet the property through sites such as Airbnb without permission.
[edit] Related articles on Designing Buildings Wiki
Featured articles and news
Shortage of high-quality data threatening the AI boom
And other fundamental issues highlighted by the Open Data Institute.
Data centres top the list of growth opportunities
In robust, yet heterogenous world BACS market.
Increased funding for BSR announced
Within plans for next generation of new towns.
New Towns Taskforce interim policy statement
With initial reactions to the 6 month policy update.
Heritage, industry and slavery
Interpretation must tell the story accurately.
PM announces Building safety and fire move to MHCLG
Following recommendations of the Grenfell Inquiry report.
Conserving the ruins of a great Elizabethan country house.
BSRIA European air conditioning market update 2024
Highs, lows and discrepancy rates in the annual demand.
50 years celebrating the ECA Apprenticeship Awards
As SMEs say the 10 years of the Apprenticeship Levy has failed them.
Nominations sought for CIOB awards
Celebrating construction excellence in Ireland and Northern Ireland.
EPC consultation in context: NCM, SAP, SBEM and HEM
One week to respond to the consultation on reforms to the Energy Performance of Buildings framework.
CIAT Celebrates 60 years of Architectural Technology
Find out more #CIAT60 social media takeover.
The BPF urges Chancellor for additional BSR resources
To remove barriers and bottlenecks which delay projects.
Flexibility over requirements to boost apprentice numbers
English, maths and minimumun duration requirements reduced for a 10,000 gain.
A long term view on European heating markets
BSRIA HVAC 2032 Study.
Humidity resilience strategies for home design
Frequency of extreme humidity events is increasing.
National Apprenticeship Week 2025
Skills for life : 10-16 February