As a tenant, you are expected to follow the terms and conditions laid out at the beginning of your tenancy agreement completely and discuss any concerns directly with your landlord or the letting agency. After all, it can be difficult to rent again if you leave a property on bad terms because a letting agency will typically request a reference from your current landlord as a part of the application process. Subletting can result in an eviction notice when it is carried out illegally, and is thought to be one of the most common issues faced by landlords across the UK. Read on as we go over everything there is to know about it…

What is subletting?

A tenancy agreement is made between two parties: the landlord or letting agency and the tenant. Subletting occurs when the tenant rents out the entire property or a single room to a third party. This occurs for a variety of reasons, however the most common that we have come across include:

  • Loss of income
  • Relocating before the end of a tenancy agreement (to avoid paying fees)
  • The tenant decided to move out and wants to fill the space

Is subletting illegal?

There is a common misconception that subletting is illegal, however the tenant could only face legal repercussions if they do not obtain written permission from their landlord or the letting agency. After all, subletting needs to be a legal agreement between all parties and landlords often want to know who will be living in their property at any given time. Your tenancy agreement should contain information regarding your landlord’s opinion on subletting and whether or not it may be considered.

The Risk of Subletting

Many landlords want to avoid the prospect of subletting because it can be difficult to control who is living there when the tenants themselves are allowed to move subtenants in and out at their own discretion. After all, there a several risks that landlords must take into consideration such as the subtenant not paying rent, particularly if the subletting is illegal as the subtenant will not have had to endure financial checks, maintenance issues with the property remaining unresolved because the subtenant doesn’t know who to contact, and even a risk of damage to the property. As such, it is important that subletting is always legal and documented to protect all the parties involved.

Subletting can be a difficult concept to grasp because the legalities depend entirely on the circumstances. If a tenant has taken it upon themselves to rent out a room in a property that they are renting themselves, then subletting is considered to be illegal. To find out how the Empanda Properties team approaches subletting and the regulations involved, get in contact with the best letting agency Sale has to offer today.