Tips for subletting property in England
Subletting is a rental arrangement in which a tenant leases either the entire property or its part to another individual, referred to as the subtenant. The terms regarding subletting are typically covered in the tenancy agreement. The clause may either explicitly allow or prohibit subletting, or it might also require the tenant to obtain written permission from the landlord before subletting. When the contract says that the tenant needs the landlord’s consent, the landlord can’t unreasonably refuse the request to sublet.
Please note that some tenancy agreements have no clause on subletting. In this situation, the regulations are the next:
- Tenants with periodic tenancies must get the landlord’s written permission, and landlords can refuse for any reason whatsoever.
- Tenants with fixed-term tenancies can sublet without the landlord’s consent.
Subtenant Rights and Responsibilities
Under the subletting agreement, the subtenant has the same rights and obligations as the original tenant, being entitled to the same services and facilities, including access to common areas.
Therefore, the sublease agreement should include the same terms and conditions as those stipulated in the initial tenancy agreement. This covers details such as the rent amount, the duration of the sublease, and any other relevant requirements.
The subtenant is responsible for paying rent to the primary tenant as well as for adhering to the terms and conditions outlined in the sublease agreement. Sometimes, the subtenant may be required to pay a security deposit.
The landlord is typically not accountable to the subtenant since this person isn’t part of a lease agreement. Exceptions may arise if the landlord directly accepts payments from the subtenant.
Tenant Rights and Responsibilities
General rights that a primary tenant has in the situation of subletting include:
- Subleting all or part of the property.
- Collecting rent from the subtenant as agreed upon in the subletting agreement.
- Occupying the property according to the rules outlined in the tenancy agreement.
A primary tenant has a financial responsibility towards the landlord. Consequently, if the subtenant fails to fulfill their rent obligation or causes any damage, the liability will be on the primary tenant.
Landlord Rights and Responsibilities
The landlord obtains the same rights and responsibilities that are outlined in the tenancy agreement that has been established with the primary tenant.
Please note that the landlord may face penalties in case where the tenant sublets a property to too many people, resulting in a qualification of a House in Multiple Occupations (HMO), in which case the landlord must comply with the HOM regulations on licensing and minimum room sizes.
AdminTech Recommends
To avoid rent collection issues, as well as disputes over who is responsible for damages, we recommend that landlords:
- Receive payments and deposits from the primary tenant to avoid any direct liability towards the subtenant.
- Regularly inspect the premises for any sign of illegal subletting:
- Multiple occupants
- Extra belongings
- Tenants receiving mail for people who don’t live at the property
- Unfamiliar people entering and leaving the property
- Tenants frequently absent or avoid letting you in the property for inspection
- Public registration of business at the address of the leased premises
- Complaints from neighbours or authorities.
- Carefully examine the terms and conditions of the proposed subletting agreement and the file of the proposed subtenants.
If you are a private or commercial tenant, we encourage you to:
- Request a guarantee and liability insurance from the subtenant, ensuring that the provided assurances are equivalent to those granted to the primary landlord.
- Examine the subtenant’s file, particularly their financial situation.
- Consider the subtenant’s family situation to avoid their right to request an extension of the subletting.
- Notify your landlord and ask him or her to send you the sublease agreement and all the information you need to obtain this agreement.
- Ensure that the sublease notice period aligns with the notice period specified in the main lease.
If you don’t anticipate returning to the same premises, consider opting for a lease assignment.
