What is Subletting?

Of the many questions regarding property industry jargon that might regularly confuse those looking to secure a flat or house, ‘What is subletting’ is one of the most popular. Yet, subletting is a straightforward and common practice in the UK and should be carried out by tenants with the landlord’s permission. 

As experts in the property industry with over 15 years of experience, in this blog, we’ll guide you through everything you need to know about subletting in the UK.  At Jon Simon, we are leading estate agents with a multitude of quality properties for sale and to let across Bacup, Burnley, Radcliffe and Ramsbottom. 

So, what is subletting?

Put simply, subletting is when the current tenant of a residency lets out a portion (or the entirety) of a property to another private individual. Often (but not always) during this process, the original tenant vacates the property and the subtenant then pays rent directly to the departed individual. As this occurs, the original tenant remains on the contract with the landlord often being unaware of the subtenant.

It’s crucial for tenants to get written permission from their landlord before they consider subletting their accommodation. As the original tenant’s name remains on the contract, they are responsible for the maintenance of the property as well as the timely payment of rent, with the subletter often having no legal obligation at all to comply if the landlord hasn’t approved their tenancy. Often this process relies on goodwill between the tenant and subtenant, and can, therefore, lead to sticky legal disputes if the proper procedures haven’t been followed. 

Is subletting illegal?

Unless stipulated by the landlord in the lease of the building, subletting is deemed illegal. In most cases, it will be likely that a landlord has included a clause that states subletting is not permitted. If it isn’t stipulated in the lease, you should always ask your landlord’s permission before proceeding with subletting otherwise this could breach your tenancy agreement, triggering the eviction process.

Why might tenants sublet a property?

Subletting is a common practice, particularly among young people and students across the UK for several reasons. 

• Financial struggles: If a tenant is living alone and doesn’t feel like they can make rent payments due to financial circumstances, they may choose to sublet, sharing the price of the rent between two individuals.
• Desire to share: Whether a four-person house of multiple occupancy (HMO) has an extra bedroom a tenant would like to fill, or the occupants would simply prefer to share their solo property with another individual, a desire to share is one of the most common reasons for subletting. 
• Time constraints: If an individual is planning to take a long-term holiday or sabbatical but wants to keep the property they may sublet in order to secure the house for the future. Alternatively, someone may choose to sublet in order to leave the property without paying any necessary fees for leaving their contract early. 

How to handle unauthorised subletting

To prevent the act from occurring, landlords should always include a clause forbidding subletting in the original contract agreement. If you believe subletting is unlawfully taking place in one of your properties, however, you should immediately contact the tenant to see if you can reach a reasonable compromise before legal action is considered. For example, give them a time limit to deal with and re-house the subtenant before you take further action. 

If the tenant is not complying, however, and continues to unlawfully sublet you can trigger the eviction process, legally forcing them to leave the property. In rare cases, if you believe illegal activity might be taking place within the property, contact the police before you carry out your own legal process of evicting the tenants. 

What are the tenant’s rights concerning subletting?

Though subletting can be legal, in most cases it is unlawful. With that being said, that doesn’t mean that you don’t have rights if you’re subletting. Even if your subletter status is unlawful, for example, the landlord remains responsible for the structural integrity of the property, the maintenance of hot water and the safety of electrical appliances. 

Often subletters will refrain from asking for repairs to be carried out as this may lead to the unlawful tenancy being discovered. If a sublet is legal, it is illegal for a landlord to forcibly evict a subletter without first getting a court order. 

Still wondering ‘What is subletting’? Allow us to help

The rules and regulations behind subletting can be tricky to get your head around, so if you’re struggling to understand the specifics of subletting we’re here to help. Taking the stress out of looking for your new house or dwelling to let, we provide straightforward advice and guidance alongside our quality properties on offer in the Greater Manchester area. 

Contact us now to enquire about the stunning houses and flats we have on offer, or visit one of our Burnley, Bacup, Ramsbottom or Radcliffe branches for face-to-face guidance.