Tenant Subletting: the rules

Written By PropertyLoop
March 04, 2021

Subletting is truly a burgeoning issue when it comes to private landlords. With the rising costs of rent and transport as well as static salaries, the cost of living is starting to go through the roof. It comes as little surprise that one of the ways tenants try to circumnavigate this is via subletting. This can put you as a landlord in a tough position. But what are the consequences for you and for your tenants if this is found to be happening at your property? If you’re about to list your property via an online property agent, then it pays to be prepared for all eventualities.

What Are the Rules for Subletting?

In many instances, you may well agree as a landlord to let your tenant sublet, ensuring rent hits your account every month without a hitch and the house may well be kept in very good order. In this case, it might not be an issue for you. Most tenancies have clauses which forbid subletting, but if you’re ok with it, your main course of action may simply be to ignore it until a later date, when the subletter can be added to the existing lease, making them an official tenant and making sure everything is done by the book. But if you’re not happy with the situation that tenants have put you in and they have breached the contract, then legal action needs to be considered.

Subletting Problems

Subletting is a cause of concern for landlords for two reasons. The first is overcrowding, which could unwittingly turn your property into an HMO, causing you big issues when it comes to licensing and safety, potentially risking you a heavy fine. The second is that there is no legal contract in place regarding the subletter and you can’t do anything about them until the tenant is gone or has been evicted. First, you can try to come to an agreement with the tenants, but if the subletter won’t budge, it’s time to evict them.

Can I Evict My Tenant for Subletting

A valid reason is needed to evict a tenant if you are about to serve them a Section 8 notice. If subletting is illegal in the contract, then you certainly have valid grounds with immediate effect. If the tenant no longer lives there and has sublet the entire property, this is also cause for an immediate eviction. Your letting agent will help you with the eviction process and the legal documents needed, ensuring a smooth transition which is well within your rights as a landlord.

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EvictionsLandlord RegulationsSub-Letting

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