What is subletting?

Subletting has become an increasingly common issue for landlords over the last few years as demand for rental accommodation outstrips the supply of homes for use.  

This rules around subletting can be tricky as it may be unclear who the subletters are and what relationship the landlord has to them.

This guide is aimed at helping landlords understand subletting and how to deal with it when it their tenant begins to sublet.

What is subletting?

Subletting occurs where the tenant grant someone else a tenancy for the property, or a part of it in exchange for rent.

Where this happens, the tenant will also become the landlord – referred to as a mesne or intermediate tenant. The person they sublet to will be the subtenant.

Your original tenancy with the mesne tenant will normally continue, and they will be expected to continue paying the rent to you and obliged to continue following the terms of their tenancy.

But they will also be expected to comply with the landlord legislation that affects their sub-tenants. For example, performing right to rent checks, securing a HMO licence if required, providing copies of the EPC, etc.  

As the superior landlord, you will not usually have a direct relationship with the subtenants unless your original tenancy ends. You should take care not to accept rent directly from the subtenants while your original tenancy continues.

Typical examples of subletting include:

• Rent to rent;
• Listing the property on AirBnB
• Letting out the property for a short period while the tenant lives elsewhere
• Subletting another part of the home without sharing a kitchen or bathroom.