Your responsibilities if you sublet
Tenants who sublet are known as 'mesne tenants' and act as the landlord to the subtenant. Mesne tenants need to perform right to rent checks on the subtenant, organise the rent collection and any repairs they might reasonably request.
They are also subject to the same eviction procedures as landlords so will have to follow the same legal process to evict a subtenant if they break any of the conditions outlined in their tenancy agreement. Remember, rent arrears or any damage caused by the subtenant is ultimately the mesne tenant’s responsibility.
Is subletting illegal?
If you sublet without the landlord's permission, then yes.
Illegally subletting gives the landlord the power to evict you and the subtenant from the property.
If you occupy social housing and illegally sublet, the consequences are more serious, and can lead to a heavy fine on top of eviction.
Always get permission to sublet to avoid any issues. While landlords have the right to refuse, they must give you a valid reason.
Why would a landlord prohibit subletting?
The head landlord is the property owner and the person who the mesne tenant rents the property from.
Subletting can become a problem for head landlords as they have less control over who is renting their property. It could also increase the risk of a property becoming an illegal house in multiple occupation (HMO) if the tenant sublets to multiple people. The majority of properties which have three or more tenants require a HMO licence from the council.
Respect your landlord’s decision if they refuse your request to sublet, it is still their property and their reasons for not allowing a sublet may be perfectly valid.
Choosing the right subtenant
If you don't have experience chasing payments or evictions, you will want to avoid those situations. Therefore, it's often best to choose a subtenant who you know personally.
If you choose a stranger, take time to get to know them to see if they will be a good fit for your lifestyle. Be picky to avoid future problems, as you'll be living with them at the end of the day.
End of a subtenancy
When the mesne tenant’s contract ends the subtenancy will usually end as well. If the subtenant wishes to remain in the property, they should approach the head landlord (who owns the property) and ask if they will create a new tenancy for them.
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