Subletting
The term 'subletting' refers to an existing tenant who lets all, or part of, a property to another party (referred to as a subtenant).
Subletting is a complicated legal area, but typically, whether subletting is permissible or not will depend on the tenancy agreement between the existing tenant and the landlord. Even if it is permissible, the tenant may need to obtain permission from the landlord.
The subtenant will pay rent to the tenant (often termed the mesne landlord), and they in turn will pay rent to the ‘head landlord'. The tenant may charge a higher rent than they are paying to the landlord, thereby earning a profit margin. However, subletting means that the tenant is forfeiting their right to possession as the subtenant would have use of the property (or part of it) and would only be able to enter the property (or part of it) with permission of the subtenant.
The original tenancy agreement may also set conditions for any sublet. For example, if a tenant’s contract expires it may mean that the sublet also expires.
If permission to sublet is not sought or given, but the tenant proceeds, the landlord may be entitled to take legal action such as eviction proceedings. It may also be a criminal offence if a social housing tenant sublets a property unlawfully.
In recent years, increasing numbers of landlords have pursued possession proceedings against tenants after finding that they have sublet the property through sites such as Airbnb without permission.
[edit] Related articles on Designing Buildings Wiki
Featured articles and news
RTPI leader to become new CIOB Chief Executive Officer
Dr Victoria Hills MRTPI, FICE to take over after Caroline Gumble’s departure.
Social and affordable housing, a long term plan for delivery
The “Delivering a Decade of Renewal for Social and Affordable Housing” strategy sets out future path.
A change to adoptive architecture
Effects of global weather warming on architectural detailing, material choice and human interaction.
The proposed publicly owned and backed subsidiary of Homes England, to facilitate new homes.
How big is the problem and what can we do to mitigate the effects?
Overheating guidance and tools for building designers
A number of cool guides to help with the heat.
The UK's Modern Industrial Strategy: A 10 year plan
Previous consultation criticism, current key elements and general support with some persisting reservations.
Building Safety Regulator reforms
New roles, new staff and a new fast track service pave the way for a single construction regulator.
Architectural Technologist CPDs and Communications
CIAT CPD… and how you can do it!
Cooling centres and cool spaces
Managing extreme heat in cities by directing the public to places for heat stress relief and water sources.
Winter gardens: A brief history and warm variations
Extending the season with glass in different forms and terms.
Restoring Great Yarmouth's Winter Gardens
Transforming one of the least sustainable constructions imaginable.
Construction Skills Mission Board launch sector drive
Newly formed government and industry collaboration set strategy for recruiting an additional 100,000 construction workers a year.
New Architects Code comes into effect in September 2025
ARB Architects Code of Conduct and Practice available with ongoing consultation regarding guidance.
Welsh Skills Body (Medr) launches ambitious plan
The new skills body brings together funding and regulation of tertiary education and research for the devolved nation.
Paul Gandy FCIOB announced as next CIOB President
Former Tilbury Douglas CEO takes helm.
UK Infrastructure: A 10 Year Strategy. In brief with reactions
With the National Infrastructure and Service Transformation Authority (NISTA).