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
IHBC’s response to Parliamentary Committee
On Levelling-Up and Regeneration Bill.
Finalists for 2022 CIOB Awards revealed
Over 70 managers and organisations shortlisted for the 14 awards.
Types of building sensors on BD
From biometric to electrical current, chemical and more.
Government mandates detectors in rented homes
Changes are due to come into force on 1st October 2022.
80% of major government projects are rated red or amber
Heed advice and insight of this report IPA tells the government.
The end of the games but continued calls for action
From the Commonwealth Association of Architects.
CIOB respond to the government call for evidence
For the Levelling Up, Housing & Communities Committee.
How are buildings and their occupants responding to extreme heat?
BSRIA's Technical Director reflects on recent weather patterns.
Landownership in England in 1909
A national valuation to fund old-age pensions.
The world’s largest Commonwealth memorial to the missing.
Long after the end of the defects liability period.
BSRIA Occupant Wellbeing survey BOW
Occupant satisfaction and wellbeing in buildings.
Geometric form and buildings in brief
From the simple to the complex.
Understanding the changing nature of insulation
And the UK Government guidelines.
Three year action plan to improve equity, diversity and inclusion
Commitment agreed to by major built environment bodies.
The Construction Route – what needs to change?
Electrical skills, low carbon, high-tech and the building services revolution.
Deep geothermal power possibilities
Ultra-deep drilling with millimeter-wave beam technology.
BSRIA Briefing 2022- From the outside looking in
Looking at the built environment from space.
Competence requirements for principal contractors and designers
BSI standards 8671, 8672 and 8673.
Bringing life to burial grounds.
From failed modernism to twenty-minute neighbourhoods.
Design chill and design freeze
The gates process and change control.