Subletting without any agreement is against the law. However, tenants are still doing it.  

By subletting without permission, the tenants are in breach of the tenancy agreement, entitling the landlord to take legal action and could even result in eviction. This raises a number of potential issues, including debt, accountability and maintenance.  A sublet property can also be detrimental to the landlord, as it may void any insurance policy they have on the property.

Scott Littlefair, Managing Director at Littlefairs, comments: “Illegal subletting is very detrimental to the landlord and tenants’ welfare and is a matter that Littlefairs takes very seriously. We take precautionary measures including background checks on all potential tenants and ensure the tenancy agreement is clear and discussed in full with the prospective tenants, making them aware of their obligations and what they can and can’t do at the rental address.

“On top of this, we carry out inspections on a regular basis to check for signs of subletting, such as extra belongings, suitcases or personal items.”

There are often tell-tale signs that indicate that the tenant might be subletting;

  • Extra rubbish
  • Extra clothing or bedding, for example; pillows, duvets, suitcases or extra toothbrushes
  • Extra wear and tear to the property
  • Reports of anti-social behaviour from the neighbours
  • Neighbours complaining about how many people are coming and going from the property
  • Tenants making it difficult for the landlord or agent to visit the property

If the landlord believes that their tenant is subletting, they must let their letting agent know straight away and take relevant action; remember landlords must end the original tenancy legally before agreeing a new one.

“Very rarely does this situation arise but if it does, we will step in on behalf of our fully managed landlords” adds Scott. “We take action straight away and after the original tenant has been notified, we will take the appropriate action.”

You should note that, subletting can sometimes be allowed, with the landlord’s permission and a clause in the tenancy agreement.

If the tenant would like to sublet, they should make a written request explaining the reasons to the landlord and allow a reasonable amount of time for them to reply to the request. If the landlord agrees then there should be new terms and conditions formulated. However, if the landlord does not agree the explanation should be in writing.  It is important to note that if a property is under the restrictions of a Head lease, the landlord is obliged to check if subletting is allowed before agreeing to any such requests.

If you think your tenant may be sub-letting or if you would like more information or advice, please contact one of our experienced team on 01904 393989.